HQ 082787: Country of origin of two garments

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                     HQ 082787

                                      March 9, 1989

             CLA-2 CO:R:C:G   082787 PR

             CATEGORY:  Classification

             TARIFF NO:  (no tariff number used

             Thomas G. Travis, Esquire
             Sandler, Travis & Rosenberg, P.A.
             444 Brickell Avenue
             Miami, Fla. 33131-2470

             RE:  Country of origin of two garments

             Dear Mr. Travis:

                 This is in reply to your letter of September 7, 1988, on
             behalf of Fashion Rite, concerning the country of origin of
             garments assembled in one country from parts pre-cut in
             another country.  The classification of the subject garments
             was not requested and, therefore, will not be included in this
             ruling.

             FACTS:

                 Four samples were submitted--(1) a completed two-piece
             child's jogging suit; (2) the cut components ready to be
             assembled into the jogging suit; (3) a completed child's
             lightweight jacket; and (4) the cut components ready to be
             assembled into the jacket.  It is stated that each garment
             will be assembled in Central America from components pre-cut
             in the Far East.

                 The jacket has a woven man-made fiber outer shell and is
             entirely lined with a woven fabric that appears to be cotton.
             It has a full front zippered opening; an attached hood (also
             lined) secured with a drawstring around its opening; a
             drawstring waist; long sleeves with elasticized ends; a pocket
             secured with a metal snap inserted in each side seam; and
             double thicknesses of half-moon shaped fabrics inserted at the
             top of each of the shoulder/sleeve seams.  Contrasting narrow
             piping appears along the edge of the half-moon shaped fabrics
             and along the seams where the single back panel extends over
             each shoulder to join with each front quarter panel.
             Decorative appliques and stitching creating a panda holding
             three heart-shaped balloons have been applied to the front of
             the garment.  These decorations (but not the piping) are part
             of the garment parts prior to exportation to Central America.













                                          - 2 -


                 A listing of the thirty-two assembly operations necessary
             to complete the jacket was submitted.

                 The jogging suit pants consist essentially of four knit
             panels, napped on the inside, stitched together to form the
             garment.  It has an elasticized waist; rib knit leg bottoms
             (cuffs); and thin contrasting piping inserted into the side
             seams.  A listing of the twelve assembly steps necessary to
             complete the garment was submitted.

                 The shirt portion of the jogging suit is made from similar
             knit fabrics.  The neckline is created by two rib knit bands
             of fabric.  It also has rib knit sleeve cuffs and a rib knit
             waistband.  The back panel is formed by a single piece of
             fabric; each sleeve is formed by two panels; and the front of
             the shirt consists of three horizontal panels, the topmost one
             extending partly into the sleeve areas.  An airplane and
             lettering are printed on two front panels.  A list of the
             twenty-three assembly operations necessary to form the
             completed shirt has been submitted.

                 Attached as an addendum to this ruling are rough sketches
             of each of the completed garments.

             ISSUE:

                 The issue presented is whether the assembly operations
             performed on each garment are sufficient to cause those
             garments to be products of the country of assembly.

             LAW AND ANALYSIS:

                     Section 12.130(b), Customs Regulations, provides that
             a textile product 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.

                 Section 12.130(d), Customs Regulations, provides that a
             new and different article of commerce will usually result from
             manufacturing or processing operations if there is a change in
             (1) commercial identity, (2) fundamental character, or (3)
             commercial use.  That provision also states that in
             determining whether merchandise has been subjected to














                                          - 3 -


             substantial manufacturing or processing operations, we will
             consider the physical change in the material or article, the
             time involved, the complexity of the operations, the level or
             degree of skill and/or technology involved, and the value
             added to the article in each country or territory.  Any one or
             a combination of these factors may be determinative and other
             factors may also be considered.

                 Section 12.130(e)(2) provides that an article usually will
             not be a product of a country if it has undergone, among other
             things, either simple combining operations or the joining
             together of knit-to-shape component parts.

                 In considering the extent of the assembly operations
             performed on the subject garments, the complexity, the time
             and the skill involved, we conclude that the fully lined
             jacket will be considered to have undergone a substantial
             transformation in the country of assembly.  However, the shirt
             and pants forming the jogging suit each have undergone simple
             combining operations.  In this regard, we are aware that there
             is a distinction between the cut knit pieces forming each
             garment of the jogging suit and the knit-to-shape parts
             referred to in the regulation.  However, we are unable to
             distinguish the time, expense, complexity, and other factors
             involved in the assembly of these jogging suit garments from
             those same factors if the garments were being assembled from
             knit-to-shape parts.

             HOLDING:

                 The assembly of all the component parts forming the lined
             jacket (excluding the appliques) constitutes a substantial
             transformation of those cut pieces and will cause that garment
             to be a product of the country of assembly.

                 The assembly of the cut pieces into each garment of the
             jogging suit does not result in a substantial transformation
             of those pieces and each garment is a product of the country
             where the pieces were cut.

                                           Sincerely,




                                           John Durant, Director
                                           Commercial Rulings Division

             Addendum