CLA-2 RR:TC:TE 959310 jb
Cristina B. Mendoza
Monique Fashion Incorporated
# 3-A Road 1
Highway Hills
Mandaluyong City
Philippines
RE: Country of origin determination for knit shirts; 19 CFR
102.21(c)(2); tariff shift rule
Dear Ms. Mendoza:
This is in reply to your letter dated June 6, 1996,
requesting a country of origin determination for certain knit
shirts which will be imported into the United States sometime on
or after July 1, 1996. A sketch was submitted to this office
illustrating the manufacturing operations.
FACTS:
The submitted merchandise consists of knit shirts composed
of 100 percent cotton fabric. The manufacturing operations are
as follows:
Hong Kong Philippines
- cotton yarn is sourced; - sewing of all cut
parts;
- knitting; - washing;
- weaving; - button holing and
sewing on buttons;
- dyeing and finishing; - pressing;
- cutting; - packing.
- embroidery;
- printing.
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withdrawn from warehouse, for consumption, on and after July 1,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 of
the 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":
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.
The subject knit shirts are classified in subheading 6105,
HTSUSA, or 6106, HTSUSA, depending on whether they are men's or
women's knit shirts, respectively. As the subject knit shirts
are not knit to shape, consist of more than two component parts,
and are wholly assembled in a single country, that is, the
Philippines, country of origin is conferred by the Philippines.
HOLDING:
The country of origin of the subject knit shirts is the
Philippines.
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