Classification and country of origin determination of a brassiere; 19 CFR 102.21(c) (2)

N197000 December 14, 2011 CLA-2-62:OT:RR:NC:N3:354 CATEGORY: Classification TARIFF NO.: 6212.10.9020 Ms. Nikki Adams Vanity Fair Brands LP One Fruit of the Loom Drive P.O. Box 90015 Bowling Green, KY 42102-9015 RE: Classification and country of origin determination of a brassiere; 19 CFR 102.21(c) (2) Dear Ms. Adams: This is in reply to your letter dated November 18, 2011, requesting a classification and country of origin determination for a brassiere which will be imported into the United States. FACTS: The subject merchandise, Style 4872239, is a woman’s brassiere. The brassiere features molded foam cups that are covered in a finely knitted fabric on both sides, which you state will be constructed of 87% nylon and 13% spandex. The brassiere also features adjustable elasticized shoulder straps and three rows of double adjustable hook and eye rear closures. The manufacturing operations for the brassieres are as follows: China (Fabric and Foam): -Fabric used to cover the foam cups is produced. -Foam for cups is produced. Thailand (Molding and Cutting): -Mold outer cup and inner foam cup -Cut outer cups, inner foam cups, yoke, yoke lining, side panels. Cambodia: -Cut strap length. -Insert strap to length. -Tack 1st loop of strap. -Insert 2nd loop of strap. -Join cup lining. -Join cup lining and foam. -Join inner lining to foam. -Cut excess inner lining. -Join cup facing and foam. -Cut excess cup facing. -Serge bottom edge of cup. -Join gusset and side back. -Attach bottom bank elastic. -Re-stitch bottom elastic. -Join cup to gusset / back. -Attach wire channeling. -Bind neckline and front. -Attach strap to top back. -Bind top back / underarm. -Insert front ear to ring. -Attach strap to center back. -Tack top earrings. -Tack strap at center back. -Attach hook and eye with labels. -Cut excess strap tab ends. -Cut excess thread tails. ISSUE: What are the classification and country of origin of the subject merchandise? CLASSIFICATION: The applicable subheading for Style 4872239 will be 6212.10.9020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted: brassiere: Other: Other . . . Of man-made fibers. The general rate of duty will be 16.9 percent ad valorem. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. 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, "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, "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,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 requirements6210-6212          (1) If the good consists of two or more component parts, a change to an assembled good of heading 6210 through 6212 from unassembled components, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession. The term "wholly assembled" is defined in 19 C.F.R. 102.21(b)(6) as:Wholly assembled. The term "wholly assembled" when used with reference to a good means that all components, of which there must be at least two, preexisted in essentially the same condition as found in the finished good and were combined to form the finished good in a single country, territory, or insular possession. Minor attachments and minor embellishments (for example, appliqués, beads, spangles, embroidery, buttons) not appreciably affecting the identity of the good, and minor subassemblies (for example, collars, cuffs, plackets, pockets), will not affect the status of a good as "wholly assembled" in a single country, territory, or insular possession.Except for the cups, whose production in Thailand is considered to be a minor subassembly in the overall creation of the brassiere, the brassiere is wholly assembled in Cambodia. In this regard, the tariff shift is met and the country of origin for the subject merchandise is Cambodia.  HOLDING: The country of origin of the brassiere is Cambodia. 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 Robert Ivers at (646) 733-3054. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division