CLA-2 RR:TC:TE 959531 jb
Thomas M. Keating, Esq.
Bowles, Keating, Hering, Matuszewich & Fiordalisi
135 South Lasalle Street, Suite 1140
Chicago, IL 60603
RE: Country of origin determination for T-shirt and jogging
pants; 19 CFR 102.21(c)(2); tariff shift
Dear Mr. Keating:
This is in reply to your letter dated July 19, 1996, on
behalf your client, Chinin U.S.A., requesting a country of origin
determination for a T-shirt and jogging pants which will be
imported into the United States.
FACTS:
The submitted merchandise consists of a men's T-shirt,
referenced style number KMT 07, and jogging pants, referenced
style number MS 614, made of 100 percent knit cotton fabric. The
T-shirt features a ribbed crew neck, short hemmed sleeves, a
patch pocket on the front left side, and a hemmed bottom. The
jogging pants feature an embroidered logo with the words
"Indianapolis Colts" on the upper left leg, elasticized waistband
with drawstring closure, side seam pockets and elasticized leg
bottoms. The manufacturing operations are as follows:
T-SHIRT
INDIA
- fabric is knit;
- fabric is cut into component pieces (i.e, front and back
panels, sleeves, collar, patch
pocket);
MALDIVES
- shoulder seams are sewn;
- front and back panels are joined;
- neck band is sewn and attached to the joined panels;
- side seams are sewn;
- sleeves are attached to the front and back panels;
- shirt bottom and sleeves are hemmed;
- pressing;
- packing.
JOGGING PANTS
INDIA
- fabric is knit;
- fabric is cut into component pieces (i.e., front and back
panels, pockets, elastic for waistband and leg bottoms, cotton
drawstring for waistband);
-team name and logo are embroidered on the left leg panel;
MALDIVES
- side pockets are sewn to front and back panels;
- front and back rise are joined;
- outside leg seams are sewn with pockets;
- in-seam is sewn;
- elastic is sewn onto pants to form waistband;
- elastic is sewn onto bottom of pant legs;
- cotton drawstring is inserted into waistband;
- pressing;
- packing.
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 (codified
at 19 U.S.C. 3592) 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apparel entered, or withdrawn from warehouse, for consumption, on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 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 T-shirt and jogging pants are classified in
headings 6109 and 6103, Harmonized Tariff Schedule of the United
States (HTSUS), respectively. In the manufacturing scenarios you
describe in your submission the multiple components for the
garments are wholly assembled in a single country. Accordingly,
the terms of the tariff shift are applicable. In the case of the
T-shirt and jogging pants the country of origin is conferred in
the single country where the assembly occurs, that is, the
Maldives.
HOLDING:
The country of origin of the subject T-shirt, referenced
style number KMT 07, and jogging pants, referenced style number
MS 614, is the Maldives.
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 sections 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