HQ 959246: Country of origin determination for rainwear garments; 19CFR 102.21(c)(4); most important assembly

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 959246
                                 
                          June 25, 1996
CLA-2   RR:TC:TE  959246  jb

CATEGORY: Classification

Robert Ledlow
Walls Industries, Inc.
1905 North Main
Cleburne, Texas 76031

RE:  Country of origin determination for rainwear garments; 19
CFR 102.21(c)(4); most  important assembly

Dear Mr. Ledlow:

     This is in reply to your letter dated May 8, 1996,
requesting a country of origin determination for four styles of
rainwear garments which will be imported into the United States
sometime on or after July 1, 1996. 

FACTS:

     The subject merchandise consists of four styles of rain
jackets or rain coats.  The manufacturing operations are as
follows:

     I.  Style 35196- 10X PRO IV Coat with Gore-Tex Fabric

          Features: A Camo- 65 percent/ 35 percent cotton 7 ounce
Hushweave brushed twill       shell, or 53 percent nylon/ 47
percent acrylic 7 ounce ten mile plus on BZ, or 53         
percent nylon/ 47 percent acrylic 7 ounce plain weave on WZ, all
laminated to Gore-       Tex fabric, polyester/cotton lining, or
100 percent nylon taffeta lining, zip-off insulated         hood
with bill, new three piece construction, drawstring around face,
hook and loop       closures, self collar with hook and loop take
up tab, two way front zipper with double          snap over storm
fly, raglan sleeves with hook and loop take up tabs, drawstring
at        waist, bellows chest pockets with hook and loop closure
flaps, two lower side entry        hand warmer pockets under
bellows cargo, pockets with self loops and eyelets for          
drainage, zip out reversible liner, knit collar and waistband,
raglan sleeves with knit           cuffs, and patch pockets.
     
     

     Hong Kong

     - front jacket shell is assembled, including setting chest
and bellow pockets, assembly of      front and back yoke, tunnel
with drawstring, front zipper, joining front and collars, and      joining sleeve cuffs;
     - pockets are subassembled prior to attachment to shell,
including, chest pocket and chest    pocket flap; lower pocket
flap; bellow pocket; and under pocket;
     - sleeves are attached, including sleeve gusset and sleeve
shell;
     - cuff, collar and under collar are subassembled;
     - back jacket shell is assembled;
     - hood is attached, including, center shell, hood facing and
hood bill;
     - license loop is made;
     - front and back jacket lining are assembled;
     - hood lining is assembled, including, hood side and hood
center;
     - inside pockets are assembled, including inside chest
pocket and bellow pocket lining;
     - linings are assembled including sleeve lining, liner shell
band tab, front and back liner        shell, liner shell sleeve,
liner shell pocket, front and back liner lining, liner lining
sleeve,                   liner lining pocket and liner lining
band tab;
     - thinsulate is applied to front, back, sleeve, hood side
and hood center;
     - knit band and knit cuff are made.
     
     China

     - sleeve tab is assembled and hook and loop fabric is
attached;
     - right and left fly are assembled;
     - hood center and hood side shell are assembled to form
outershell;
     - hood lining assembled to hood

     II.  Style 32224- Premium Rain Jacket with Gore Tex Fabric

                  Features: A 100 percent nylon Supplex shell
laminated to Gore-Tex or 100 percent          polyester Supplex
on BZ shell laminated to Gore-Tex, 100 percent nylon taffeta
lining,         or upper body of lining made of 100 percent nylon
mesh, breathable, waterproof,           windproof, all seams
sealed, three piece hood with visor and drawstring, front zipper           covered by storm fly that snaps, raglan sleeves with
hook and loop take-up tab at cuff,           two large covered
zippered pockets, and rolled hem with adjustable drawstring.     
     Hong Kong

     - left front jacket shell is assembled, including setting
slant pocket with attached slant flap,    setting sleeve fell,
setting hood, attaching right or left side pellon, setting front
zipper,    and joining at front, the hood and clip;
     - right front jacket shell is assembled;
     - pockets are subassembled prior to attachment to shell,
including lower pocket and      pocket flap ;
     - sleeves are attached, including sleeve tab and sleeve
shell;
     - hood is attached, including right hood side, hood center
shell, and right hood facing;
     - left front facing is sewn;
     - back jacket shell is assembled;
     - mesh is sewn, including right and left front mesh and back
mesh;
     - linings are assembled, including, lower pocket lining,
sleeve lining, left hood side lining,     and hood center lining;
     - hook and loop type fasteners are attached.

     China

     - left hood side is assembled;
     - left hood facing is sewn;
     - right hood side lining is assembled;
     - linings are assembled, including, right and left front
yoke lining, lower back lining, and 
       lower right and left front lining.

     III.  Style 32000- Ladies 10X Premium Rain Jacket with Gore-Tex Fabric

     Features: A 100 percent nylon Supplex shell laminated to
Gore-Tex, 100 percent nylon   taffeta lining or 100 percent nylon
mesh lining, breathable, waterproof, windproof, all    seams
sealed, three piece built in hood with visor and drawstring,
raglan sleeves with hook      and loop take-ups, front zipper
covered by storm fly that snaps, two pockets with storm     proof
flap and zipper closure, and adjustable drawstring waist. 

     Hong Kong

     - left front jacket shell is assembled, including setting
slant pocket with attached slant flap,    setting sleeve fell,
setting hood, assembly of tunnel with drawstring, attaching right
or     left side pellon, setting front zipper, and joining at
front, hood and clip;
     - right front jacket shell is assembled;
     - pockets are subassembled prior to attachment to shell,
including lower pocket and       pocket flap;
     - sleeves are attached, including, sleeve tab and sleeve
shell;
     - hood is attached, including, right hood, hood center
shell, and right hood facing;
     - right front facing is sewn;
     -  back jacket shell is assembled;
     - mesh is sewn, including, right and left front mesh and
back mesh;
     - linings are assembled, including, lower pocket lining,
sleeve lining, left hood side lining,     and hood center lining;
     - hook and loop type fasteners are attached.

     China

     - left hood side is attached; 
     - left hood facing is sewn;
     - linings are assembled, including, right hood side lining,
right and left front yoke lining,    lower back lining, and lower
right and left front lining.
     
     IV.  Style 37228- Shikari Jacket with Gore-Tex Fabric

     Features: A 65 percent polyester/ 35 percent cotton shell
laminated to Gore-Tex, a 100  percent polyester thermal lining,
three piece billed hood with snap closure and drawcord,     zippered front with storm fly that snaps, raglan sleeves with
adjustable snap cuff; two large    covered zippered pockets,
rolled hem with drawcord.

     Hong Kong

     - left front jacket shell is assembled, including setting
slant pocket with attached slant flap,    setting sleeve fell,
setting hood, attaching right or left side pellon, setting left
or right    front facing to shell, setting front zipper, and
joining at front, hood and clip;
     - right front jacket shell is assembled;
     - pockets are assembled prior to attachment to shell,
including, lower pocket and pocket        flap;
     - hood is attached, including, right hood side, hood center
shell, and right hood facing;
     - left front facing is sewn;
     - sleeve shell is assembled;
     - back jacket shell is assembled;
     - linings are assembled, including, lower pocket lining,
sleeve lining, right and left hood        side lining, hood
center lining, right and left front jacket lining and back jacket
lining;
     - elastic is attached.

     China

     - left hood side is attached;
     - left hood facing is sewn.

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:"

     6210-6212 (1) If the good consists of two or more component
parts, a change to an                          assembled good of
heading 6210 through 6212 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 merchandise is classifiable as rainwear jackets
and coats in heading 6210, Harmonized Tariff Schedule of the
United States (HTSUS).  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 merchandise is assembled in both Hong Kong and
China, it is not wholly assembled in a single country as per
Section 102.21 (c)(2).

     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,
assembly 
occurs in both Hong Kong and China.  It is the opinion of this
office that in regard to style 35196, the assembly of the jacket
shell, the attachment of the pockets, fly, collar, sleeves, hood
center shell and hood side shell, hood facing, hood lining, and
front and back jacket lining, in Hong Kong, constitute the most
important assembly process.  In regard to style 32224, the
assembly of the jacket shell, the attachment of the pockets,
sleeves, right hood side, hood center shell, right hood facing,
left front facing, left hood side and center lining, in Hong
Kong, constitute the most important assembly process.  In regard
to style 32000, the assembly of the jacket shell, the attachment
of the pockets, sleeves, right hood side, hood center shell,
right hood facing, right front facing, left hood side and hood
center lining, in Hong Kong, constitute the most important
assembly process.  In regard to style 37228, the assembly of the
jacket shell, the attachment of the pockets, sleeves, right hood
side and facing, hood center shell, hood lining, left front
facing, and jacket lining, in Hong Kong, constitute the most 
important assembly process.

HOLDING:

     The country of origin of styles 35196, 32224, 32000, and
37228 is Hong Kong. 
     

     


     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 is issued
on the assumption that all of the information furnished in the
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