HQ 082924: Classification and country of origin of shirt and blouse parts

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 082924

                                    March 26, 1990




            CLA-2:CO:R:C:G  082924 DRR

            CATEGORY:  Classification


            Mr. Patrick Gill
            Rode & Qualey
            295 Madison Ave
            New York, New York 10017

            Re:  Classification and country of origin of shirt and blouse
                 parts


            Dear Mr. Gill:

                 This is in reference to a letter from Ms. Diane Weinstein,
            formerly of your office, dated October 13, 1988, requesting, on
            behalf of Hampco Apparel, Inc., the classification and country
            of origin of certain shirt and blouse parts under the
            Harmonized Tariff Schedule of the United States Annotated
            (HTSUSA).

            FACTS:

                 The merchandise at issue are shirt and blouse parts which
            will be cut in a unspecified Caribbean country (Country B) from
            fabric imported from some other unspecified country (Country
            A).  The fabric will be in chief weight of either cotton or
            man-made fibers.  The pieces of fabric will be marked and cut
            in Country B into two collars, two bands, two fronts, one
            pocket, four cuffs, two sleeve plackets, one back and two
            yokes.  The parts will be shipped from Country B to the United
            States where they will be assembled and finished into garments.

            ISSUES:

                 What is the proper classification of the parts under the
            HTSUSA.

                 Whether the fabric at issue is substantially transformed
            by processing to be considered a product of Country B.

            LAW AND ANALYSIS:

                 Classification of merchandise is in accordance with the
            General Rules of Interpretation (GRI), taken in order.  GRI 1











                                          -2-


            states that classification is determined according to the terms
            of the headings and subheadings and chapter notes.  Heading
            6117, HTSUSA, provides for other made up clothing accessories,
            knitted or crocheted, parts of garments or of clothing
            accessories.  Heading 6217, HTSUSA, provides for other made up
            clothing accessories, parts of garments or of clothing
            accessories.  The classification and applicable textile
            category of the parts cannot be specifically determined without
            further information about the fabric.

                 Section 12.130, Customs Regulations (19 CFR 12.130),
            provides, in pertinent part, that a textile or textile product
            which consists of materials produced or derived from, or
            processed in, more than one foreign territory or country, or
            insular possession of the United States, 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.  A new and different
            article of commerce will usually result from a manufacturing or
            processing operation if there is a change in commercial
            designation or identity, fundamental character or commercial
            use.  The criteria used to determine whether a substantial
            transformation has taken place include the physical change in
            the article, the time, complexity and value added by the
            operation.

                 Treasury Decision (T.D.) 85-38, published March 5, 1985,
            states, at page 67, that cutting fabric into garment parts
            (emphasis added) constitutes a substantial transformation.
            Therefore, the shirt and blouse parts in question are
            considered to be a product of Country B.

            HOLDING:

                 The blouse and shirt parts at issue cannot be specifically
            classified with the information provided.  The country of
            origin of the merchandise at issue is Country B.


                                        Sincerely,




                                        John Durant, Director
                                        Commercial Rulings Division












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