MAR-2-05 CO:R:C:V 734392 AT

Eleanore Kelly-Kobayashi, Esq.
Rode & Qualey
295 Madison Avenue
New York, New York 10017

RE: Country of origin marking of imported men's trousers; substantial transformation; 19 CFR 12.130; cutting and assembly of fabric

Dear Ms. Kelly-Kobayashi:

This is in response to your letters of October 30, 1991, and March 27, 1992, on behalf of your client, The Glorious Sun (Holdings), Ltd. (Glorious Sun), requesting a ruling on the country of origin of imported men's trousers for tariff, quota and marking purposes. A sample of a finished pair of trousers as well as the components as they exist at the conclusion of each major stage in the production process were submitted for examination.

FACTS:

You state that Glorious Sun intends to import men's trousers from China. You also state that the production of the trousers will involve processing operations performed in two countries, Hong Kong and China under the following situations:

Situation 1- Fabric will be cut in Hong Kong, the front and back pockets will be sewn onto the pants panels and each side of the panels will be attached at the top. These components along with other cut but unconstructed components will be sent to China where final assembly will be completed by sewing operations. The sewing operations will consist of sewing the zipper, closing the back raise, seat seam, out seam and in seam, constructing the waistband, attaching the three point tabs onto the waistband, sewing the button

holes onto the center front button closure, creating the tabs and back pockets, creating the 7 half-inch belt loops, sewing the 7 buttons onto the trousers and turning the hem.

The trousers will then be washed, ironed and packaged for shipment to the U.S.

Situation 2- Fabric will be cut in China into all the components necessary for the assembly of the trousers. Certain cut components will then be sent to Hong Kong which will include the front and back panels and the front and back pockets. In Hong Kong the front pockets will be sewn to the panels, pleats will be sewn onto the front panels, the back pockets will be sewn to the back panels, pleats will be sewn on the back panels and each side of the front and back panels will be attached at the top. These panels will then be shipped back to China where the same operations as described in Situation 1 will be performed.

Situation 3- Fabric will be cut in China and all the cut components will be sent to Hong Kong where the trousers will be completely assembled.

You contend that either the sewing operations performed in China under situation 1 or the cutting of the fabric performed in China in situations 2 and 3 is where the last substantial transformation takes place, and therefore the country of origin of the trousers in all three situations is China.

ISSUE:

What is the country of origin of the imported men's trousers that are processed under the situations described above?

LAW AND ANALYSIS:

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

Section 12.130, Customs Regulations (19 CFR 12.130), sets forth the principles for marking country of origin determinations for textile and textile products. 19 CFR 12.130(b), provides that a textile product that is processed in more than one

country or territory shall be a product of that country or territory where it last underwent a substantial transformation. A textile product will be considered to have undergone a substantial transformation if it has been transformed by means of substantial manufacturing or processing operations into a new and different article of commerce.

19 CFR 12.130(d) sets forth criteria in determining whether a substantial transformation of a textile product has taken place. This regulation states that these criteria are not exhaustive; one or any combination of criteria may be determinative, and additional factors may be considered.

Section 12.130(d)(1) states that a new and different article of commerce will usually result from a manufacturing or processing operation if there is a change in:

(i) Commercial designation or identity, (ii) Fundamental character or (iii) Commercial use.

Section 12.130(d)(2) states that in determining whether merchandise has been subjected to substantial manufacturing or processing operations, the following will be considered:

(i) The physical change in the material or article as a result of the manufacturing or processing operations in each foreign territory or country, or insular possession of the U.S.

(ii) The time involved in the manufacturing or processing operations in each foreign territory or country, or insular possession of the U.S.

(iii) The complexity of the manufacturing or processing operations in each foreign territory or country, or insular possession of the U.S.

(iv) The level or degree of skill and/or technology required in the manufacturing or processing operations in each foreign territory or country, or insular possession of the U.S.

(v) The value added to the article or material in each foreign territory or country, or insular possession of the U.S., compared to its value when imported into the U.S.

You state that either the fabric will be cut in Hong Kong (Situation 1) or China (Situations 2 and 3) into all the components necessary for the assembly of the trousers. One of the examples enumerated is 19 CFR 12.130(e)(iv), which states that cutting of fabric into parts and the assembly of those parts

into the completed article is an example of a manufacturing or processing operation which would qualify under 19 CFR 12.130 as a substantial transformation (emphasis added). Further, Customs stated in T.D. 85-38 that "Cutting garment parts from fabric will result in a substantial transformation of the fabric." Similarly, in this case, the cutting of the fabric into the necessary components would qualify as a substantial trans- formation under 19 CFR 12.130. Therefore, the cutting of fabric into the necessary garment components in either Hong Kong or China constitutes a substantial transformation.

The second question presented is whether the garment components undergo a later substantial transformation as a result of the sewing operations performed in Hong Kong or China.

Assembly by sewing is considered in 19 CFR 12.130(e)(v) as usually resulting in a article being deemed a product of the country in which the sewing was done where the assembly is substantial such as the complete assembly and tailoring of all cut pieces of suit-type jackets, suits, and shirts. After considering all the comments received on the interim regulation regarding assembly by sewing, Customs concluded that "factors such as time, nature of the sewing operation, and the skill required to sew together a tailored garment should be considered in determining whether the merchandise was substantially transformed.... Where either less than a complete assembly of all the cut pieces of a garment is performed in one country, or the assembly is a relatively simple one, then Customs will rule on the particular factual situations as they arise, utilizing the criteria in section 12.130(d)." 50 Fed. Reg. 8,715 (March 5, 1985), T.D. 85-38.

With respect to Situation 1 you state that the cut panels are partially assembled in Hong Kong in that the front and back pockets are sewn on the front and back panels, pleats are sewn to the front and back panels and each side of the front and back panels will be attached at the top. Then these partially assembled components are sent to China for final assembly into the finished trousers. You also state that the sewing operations performed in China represents 74 percent of the total cost and 84 percent of the total time needed to create one dozen pair of trousers, although no information was submitted with respect to the skill level involved or the complexity of the sewing operation.

Based on the information provided, the sewing together of the trousers in China does not appear to require any tailoring. Rather, the facts would seem to indicate that the joining of the

cut components is a simple assembly operation which does not involve a high degree of skill and workmanship, even though 74 percent of the total cost and 84 percent of the total time needed to create a dozen pair of trousers involves the sewing operation. The sewing operation is less than a complete operation since some of the cut panels are already partially assembled prior to being sent to China for final assembly. Customs has consistently held that in the absence of a complex sewing operation, the cutting operation is more complex than the sewing operation because the apparel cutter is the most highly paid and highly skilled production worker in the apparel production process. One mistake can be costly in wasted fabric and can delay a planned production run. See, HQ 081155 (February 3, 1988). Furthermore, Customs has previously held that the assembly of cut panels into completed trousers is not a complex sewing operation resulting in a substantial manufacturing or processing operation and the country of origin of the trousers is where the fabric is cut rather than where the panels are assembled. (See, HQ 083461, May 15, 1990, the country of origin of shorts and trousers is where the fabric is cut rather than where the cut panels are assembled; HQ 086696, June 8, 1990, assembly of shirts and trousers is not a substantial manufacturing operation and the country of origin of the completed shirts and trousers is where the fabric is cut).

Since there is nothing to suggest that the final assembly of the cut and partially assembled trouser parts under situation 1 is in any degree a complex operation, or that the assembly requires anything more than a simple joining of the cut parts, we find that the garment components have not undergone a substantial manufacturing or processing operation as a result of the sewing operation performed in China. Accordingly, the country of origin of the trousers processed under situation 1 is Hong Kong where the component parts are cut and partially assembled.

Similarly, we find that the sewing operations performed in Hong Kong under situations 2 and 3 do not constitute a substantial manufacturing or processing operation. Like in situation 1, the sewing operations performed in situations 2 and 3 are not complex and are nothing more than a simple joining of the cut panels. In situation 2 and 3 either partially assembled cut panels or unassembled cut panels are completely assembled in Hong Kong. In both situations only a simple joining of the partially assembled or unassembled cut panels into a completed pair of trousers occurs. Accordingly, the country of origin of the trousers processed under situations 2 and 3 is China, where the cutting of the fabric into partially assembled in unassembled cut panels occurs.

HOLDING:

Pursuant to 19 CFR 12.130, the country of origin of these trousers processed under situation 1, as described above, is Hong Kong. The country of origin of the trousers processed under situations 2 and 3, as described above, is China.

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 177.9(b)(1), Customs Regulations (19 CFR 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in connection with the ruling request and incorporated in the ruling letter, either directly, by reference, or by implication is accurate and complete in every material respect. Should it subsequently be 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, it is recommended that a new ruling request be submitted in accordance with section 177.2, Customs Regulations (19 CFR 177.2).

Sincerely,

John Durant, Director
Commercial Rulings Division