CLA-2 RR:TC:TE 959126 jb

Anthony K. Mallgren, Esq.
Mallgren & Associates
3600 South Yosemite, Tenth floor
Denver, Co. 80237

RE: Country of origin determination for cassette tape and compact disk cases; 19 CFR 102.21(c)(4); most important manufacturing process

Dear Mr. Mallgren:

This is in reply to your letter dated January 30, 1996, on behalf of your client, requesting a country of origin determination for certain cassette tape and compact disk cases which will be imported into the United States sometime on or after July 1, 1996. Samples were submitted to this office for examination.

FACTS:

The subject merchandise submitted to this Customs office with your request, consists of five styles of nylon carrying cases for audio cassette tapes and compact disks. Each of the styles is represented by two samples; the first consisting of the partially completed pieces and the second consisting of the assembled cases. Also enclosed were two packaged cases, ready for retail sale, and two product catalogues showing the completed products. The manufacturing operations for each of the styles is as follows:

STYLE I: CDW MODELS

Country A

- materials are sourced: nylon fabric, polyethylene foam, polyurethane foam Potron lining material, zipper tape, zipper sliders, PVC spines, cardboard, labels, edge binding tape.

Country B

- materials are marked, cut and dye-punched; - zipper tape is cut to length and the sliders are added; - polyethylene foam is glued to the cardboard; - components of the various panels, including the fabric, foam, cardboard, lining, pockets and PVC spine are sewn together; - zippers are tacked to the PVC spine.

Country A

- zipper and edge binding tape are sewn together to the outside edges of the case; - loose threads and fabric are trimmed and chalk marks on the components are cleaned; - products are inspected and packaged for shipment in polybags and boxes.

Once the cases are received by your client in the United States facility, see-through plastic pocket leaves are inserted into the cases, sales and warranty literature are enclosed, and they are packaged in final form for distribution.

STYLES II-IV: CL, CD AND CP MODELS

Country A

- materials are sourced: nylon fabric, polyurethane foam, zipper tape, zipper sliders, seam tape, webbing, nylon tricot, handle hardware.

Country B

- materials are marked, cut and dye-punched; - zipper tape is cut to length and the sliders are added; - fabric, foam, nylon and zippers are flat sewn together; - webbing handles and labels are added.

Country A

-main panels and side panels are sewn together, adding seam tape; - loose threads and fabric are trimmed and chalk marks on the components are cleaned; - products are inspected and packaged for shipment in polybags and boxes.

Once the cases are received by your client in the United States facility, plastic divider trays are inserted into the cases, sales and warranty literature are enclosed, and they are packaged in final form for distribution.

STYLE V: DM MODELS

Country A

- materials are sourced: nylon fabric, polyurethane foam, zipper tape, zipper sliders, seam tape, webbing, hook and loop fastener, handle hardware.

Country B

- materials are marked, cut and sewn together; - zippers are sewn into the main panel and pocket; - webbing and label are sewn on to the fabric.

Country A

- main panels are sewn together, adding seam tape; - loose threads and fabric are trimmed and chalk marks on the components are cleaned; - products are inspected and packaged for shipment in polybags and boxes.

Once the cases are received by your client in the United States facility, sales and warranty literature are enclosed and they are packaged in final form for distribution.

ISSUE:

What is the country of origin of the subject merchandise?

LAW AND ANALYSIS:

On December 8, 1994, the President signed into law the Uruguay Round Agreements Act. Section 334 of that Act provides new rules of origin for textiles and apparel entered, or withdrawn from warehouse, for consumption, on and after July 1, 1996. On September 5, 1995, Customs published Section 102.21, Customs Regulations, in the Federal Register, implementing Section 334 (60 FR 46188). Thus, effective July 1, 1996, the country of origin of a textile or apparel product shall be determined by 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 foreign material 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) 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":

4202.92.60-4202.92.90 A change to subheading 4202.92.60 through 4202.92.90 from any other heading, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession.

The subject merchandise are classifiable in subheading 4202.92.90, HTSUSA, as containers of a kind similar to those of heading 4202, HTSUSA, which provides for in general, carrying cases. Section 102.21(b)(6) defines wholly assembled as :

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, appliques, 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.

As the subject carrying cases are assembled in both Country A and Country B, the good is not wholly assembled in a single country. Accordingly Section 102.21 (c)(2) is inapplicable.

Paragraph (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":

(i) 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

(ii) 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.

As the subject merchandise 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, important manufacturing operations occur in both Country A and Country B. It is the opinion of this office that the manufacturing operations in Country B, where many of the individual component pieces are joined together, constitute the most important manufacturing operations.

HOLDING:

The country of origin of the subject cassette tape and compact disk cases is Country B.

You should be advised that as these products are repacked once they enter the United States, they are subject to section 134.26 of the Federal Regulations, 19 CFR 134.26, which sets out the marking certification requirements for imported articles which are repacked or manipulated.

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.

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.

Sincerely,

John Durant, Director
Tariff Classification Appeals
Division