HQ 082050: Country of origin determination for certain infants' jogging sets

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 082050

                                    May 25, 1988

          CLA-2 CO:R:C:G 082050  CMR

          CATEGORY: Classification

          Mr. Jay Sheinfeld
          Harry J. Rashti & Co., Inc.
          79-89 Bogart Street
          Brooklyn, New York  11206

          RE: Country of origin determination for certain infants' jogging
          sets

          Dear Mr. Sheinfeld:

                This is in response to your request of March 2, 1988 on
          behalf of Harry J. Rashti & Co., Inc. for a ruling of the country
          of origin of an infants' two piece jogging set.

          FACTS:

                The submitted sample, no style number, is an infants' two
          piece jogging set.  The fabric and accessories are made in Hong
          Kong.  This includes plain rolls of fleece fabric, snaps, and
          rolls of elastic.  Printed fronts for the tops will be pre-cut
          and pre-printed in Hong Kong.

                The fabric and accessories, including the pre-cut and pre-
          printed fronts, will be shipped to Haiti where the rolls of
          fabric will be cut and assembled with the snaps, elastic, and
          front panels into finished garments.  The garments will then be
          exported to the United States.

                The inquirer plans to manufacture the garments in infant
          and toddler sizes.

          ISSUE:

                The country of origin of the submitted sample.

          LAW AND ANALYSIS:

                Section 12.130 of the Customs Regulations, 19 C.F.R.
          12.130, is determinative in this case.  Section 12.130(b)
          provides that a textile or textile product . . .
















                                          -2-


                . . . which consists of materials produced or derived from,
                or processed in, more than one foreign territory or
                country, or insular possession of the U.S., shall be
                a product of that foreign territory or country, or insular
                possession where it last underwent a substantial
                transformation.  A textile or 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) sets out the criteria for determining the
          country of origin of imported goods.  It provides, in pertinent
          part:

                The criteria in paragraphs (d) (1) and (2) of this section
                shall be considered in determining the country of origin of
                imported merchandise.  These criteria are not exhaustive.
                One or any combination of criteria may be determinative,
                and additional factors may be considered.

                      (1) A new and different article of commerce will
                          usually result from a manufacturing or processing
                          operation if there is a change in:

                            (i) Commercial designation or identity,
                            (ii) Fundamental character or
                            (iii) Commercial use.

                      (2) In determining whether merchandise has been
                          subjected to substantial manufacturing or
                          processing operations, the following will be
                          considered:

                            (i) The physical change in the material or
                                article as a result of the manufacturing or
                                processing operations in each foreign
                                territory or country, or insular possession
                                of the U.S.
                            (ii) The time involved in the manufacturing or
                                 processing operations in each . . .
                            (iii) The complexity of the manufacturing or
                                  processing in each . . .
                            (iv) The level or degree of skill and/or
                                 technology required in the manufacturing
                                 or processing in each . . .
                            (v) The value added to the article or material
                                in each . . ., compared to its value when
                                imported into the U.S.












                                          -3-


          Section 12.130(e) deals with manufacturing or processing
          operations and its relevant provisions are:

                (1) An article or material usually will be a product of a
                    particular foreign territory or country, or insular
                    possession of the U.S., when it has undergone prior to
                    importation into the U.S. in that foreign territory or
                    country, or insular possession any of the following:
                      (iv) Cutting of fabric into parts and the assembly of
                           those parts into the completed article;
                       (v) Substantial assembly by sewing and/or tailoring
                            of all cut pieces of apparel articles which
                            have been cut from fabric in another foreign
                            territory or country, or insular possession,
                            into a completed garment (e.g. the complete
                            assembly and tailoring of all cut pieces of
                            suit-type jackets, suits, and shirts).

                Applying the provisions of Section 12.130 to the facts as
          presented, the manufacturing operation which will occur in Haiti
          clearly falls within the meaning of "substantial transformation"
          as used in Section 12.130(b).

          HOLDING:

                Provided the facts as presented do not change, the country
          of origin of the above described merchandise is Haiti.

                                          Sincerely,




                                          John Durant
                                          Acting Director
                                          Commercial Rulings Division

























          6cc: Area Director, New York Seaport
          1cc: CITA
          1cc: NIS B. Kirschner
          1cc: Legal Retrieval