Classification and country of origin determination for a men’s knit garment; 19 CFR 102.21(c)(4); most important assembly or manufacturing operation.Dear Mr. Seah:

NY K83782 March 30, 2004 CLA-2-RR:NC:TA:N3:356 K83782 CATEGORY: Classification Mr. Bernard Seah Corporate Manager Ghim Li Enterprise (USA), Inc. 501 Seventh Avenue, Suite 509 New York, NY 10018 RE: Classification and country of origin determination for a men’s knit garment; 19 CFR 102.21(c)(4); most important assembly or manufacturing operation. Dear Mr. Seah: This is in reply to your letter dated February 18, 2004, (your reference 02/0209), requesting a country of origin determination for a men’s knit garment that will be imported into the United States. You state that the manufacturing operations occur in two different countries, designated as Country “A” and Country “B”. Although not stated in your letter, we assume that Countries “A” and “B” denote different foreign countries, territories or insular possessions, and such countries will not include Israel or a signatory of the North American Free Trade Agreement. You submitted a sample of the garment parts in the condition as they leave country “A” and a sample of the finished garment. As requested, your samples will be returned. Style 3454 is a men’s shirt constructed from 100 percent cotton, knit fabric that measures 10 stitches per linear centimeter counted in the horizontal direction and 15 stitches per linear centimeter counted in the vertical direction. The garment has a self-fabric stand up collar; a partial front opening with a zipper closure; long, hemmed sleeves; a half-moon at the rear neckline; and a hemmed bottom with side slits. The manufacturing operations are as follows: COUNTRY “A”: The pattern is made and marked The fabric is cut into component parts The stand up collar is formed and the zipper is attached The sleeves are hemmed The front and back panels are hemmed The side seams are partially sewn and the side slits are formed COUNTRY “B”: The half-moon is attached to the rear panel The front and back panels are joined at the shoulders The sleeves are attached The stand up collar with zipper placket is attached The main and care labels are sewn to the rear neck area The sleeve seams are sewn closed The left and right side seams are sewn The threads are trimmed The garments are inspected and packed for export ISSUE: What is the country of origin of the subject merchandise? COUNTRY OF ORIGIN - LAW AND ANALYSIS: Section 334 of the Uruguay Round Agreements Act (codified at 19 U.S.C. 3592), enacted on December 8, 1994, provided rules of origin for textiles and apparel entered, or withdrawn from warehouse for consumption, on and after July 1, 1996. Section 102.21, Customs Regulations (19 C.F.R. 102.21), published September 5, 1995, in the Federal Register, implements Section 334 (60 FR 46188). Section 334 of the URAA was amended by Section 405 of the Trade and Development Act of 2000, enacted on May 18, 2000, and accordingly, section 102.21 was amended (68 Fed. Reg. 8711). Thus, the country of origin of a textile or apparel product shall be determined by the sequential application of the general rules set forth in paragraphs (c)(1) through (5) of Section 102.21. Paragraph (c)(1) states that "The country of origin of a textile or apparel product is the single country, territory, or insular possession in which the good was wholly obtained or produced." As the subject merchandise is not wholly obtained or produced in a single country, territory or insular possession, paragraph (c)(1) of Section 102.21 is inapplicable. Paragraph (c)(2) states that "Where the country of origin of a textile or apparel product cannot be determined under paragraph (c)(1) of this section, the country of origin of the good is the single country, territory, or insular possession in which each of the foreign materials incorporated in that good underwent an applicable change in tariff classification, and/or met any other requirement, specified for the good in paragraph (e) of this section:" Paragraph (e) in pertinent part states that "The following rules shall apply for purposes of determining the country of origin of a textile or apparel product under paragraph (c)(2) of this section": HTSUS Tariff shift and/or other requirements 6101-6117 If the good is not knit to shape and consists of two or more component parts, a change to an assembled good of heading 6101 through 6117 from unassembled components, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession. Although the garment is not knit to shape and consists of two or more component parts, it is not wholly assembled in a single country, territory or insular possession. Accordingly, as the terms of the tariff shift are not met, Section 102.21 (c)(2) is inapplicable. Section 102.21 (c) (3) states that, “Where the country of origin of a textile or apparel product cannot be determined under paragraph (c) (1) or (2) of this section”: If the good was knit to shape, the country of origin of the good is the single country, territory or insular possession in which the good was knit; or Except for goods of heading 5609, 5807, 5811,6213, 6214, 6301 through 6306, and 6308, and subheadings 6209.20.5040, 6307.10, 6307.90, and 9404.90, if the good was not knit to shape and the good was wholly assembled in a single country, territory or insular possession, the country of origin of the good is the country, territory or insular possession in which the good was wholly assembled. Since the garment is neither knit nor wholly assembled in a single country, Section 102.21 (c) (3) is inapplicable. Section 102.21 (c) (4) states, “Where the country of origin of a textile or apparel product cannot be determined under paragraph (c) (1), (2) or (3) of this section, the country of origin of the good is the single country, territory or insular possession in which the most important assembly or manufacturing process occurred.” In the case of the subject merchandise, the assembly processes in Country “B” consisting of the joining of the front and back panels at the shoulder seams, the attachment of the sleeves, the attachment of the collar with zipper placket, the attachment of the half moon, and the joining of the side seams constitute the most important assembly processes. Accordingly, under Section 102.21 (c)(4), the country of origin of the subject merchandise is Country “B”, the country in which the most important assembly processes occur. HOLDING: The country of origin of the subject merchandise is Country “B”. Based upon international textile trade agreements, products of Country “B” may be subject to visa requirements and quota restraints. The holding set forth above applies only to the specific factual situation and merchandise identified in the ruling request. This position is clearly set forth in section 19 CFR 177.9(b)(1). This section states that a ruling letter, either directly, by reference, or by implication, is accurate and complete in every material respect. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). Should it be subsequently determined that the information furnished is not complete and does not comply with 19 CFR 177.9(b)(1), the ruling will be subject to modification or revocation. In the event there is a change in the facts previously furnished, this may affect the determination of country of origin. Accordingly, if there is any change in the facts submitted to Customs, it is recommended that a new ruling request be submitted in accordance with 19 CFR 177.2. A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Mary Ryan at 646-733-3271. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division