HQ 084427: Country of origin and marking of woven pants assembled in the Philippines

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 084427

                                 August 30, 1989


      CLA-2 CO:R:C:G  084427  CMR

      CATEGORY: Classification

      TARIFF NO.:

      Brenda Jacobs, Esq.
      Sharretts, Paley, Carter & Blauvelt, P.C.
      1707 L Street, N.W.
      Washington, D.C.  20036

      RE: Country of origin and marking of woven pants assembled in the
          Philippines

      Dear Ms. Jacobs:

           This ruling is in response to your letter of May 2, 1989, on
      behalf of your client, the Izod Lacoste Division of Crystal Brands,
      requesting confirmation of the country of origin of men's woven pants
      assembled in the Philippines of Taiwanese components.

      FACTS:

           The pants at issue will be made from 100 percent cotton woven
      fabric that will be made and cut in Taiwan.  The piece goods, valued
      at U.S.$50.00 per dozen, will then be assembled in the Philippines.
      The cutting operation in Taiwan will cost U.S.$1.50 and require 12
      minutes of labor per dozen.  Findings and trimmings for the pants,
      including zippers, buttons, and thread will be made in Taiwan and
      together cost U.S.$12.50 per dozen.

           The assembly operation in the Philippines will involve the
      sewing together of 17 panels (including the shell components,
      linings, interfacings, and pocketing), 1 belt loop, and 2 waistband
      panels.  The assembly operation will cost U.S.$26.00 and involve 800
      minutes of labor per dozen.

      ISSUE:

           Is the processing operation in the Philippines sufficient to
      confer country of origin?













                                       -2-


      LAW AND ANALYSIS:

            Section 12.130 of the Customs Regulations pertains to country
      of origin determinations for textiles and textile products.  The
      pertinent portion of Section 12.130 provides:

           (e) Manufacturing or processing operations

           (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:

                                *       *       *

                (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).

                                *       *       *

           The operations as described in your letter fall clearly within
      the section 12.130(e)(1)(v) provision quoted above.  Therefore, due
      to the assembly operation which will occur in the Philippines, the
      country of origin of the cotton pants will be the Philippines.

           Section 304 of the Tariff Act of 1930, as amended (19 U.S.C.
      1304), requires that every article of foreign origin (or its
      container) imported into the United States shall be marked in a
      conspicuous place as legibly, indelibly and permanently as the nature
      of the article (or container) will permit, in such a manner as to
      indicate to an ultimate purchaser in the United States the English
      name of the country of origin of the article.  Additional labeling
      requirements are applicable to textile products under the Textile
      Fiber Products Identification Act (15 U.S.C. 70).

           A label securely and conspicuously affixed to the pants
      indicating the Philippines as the country of origin will satisfy the
      requirements of 19 U.S.C. 1304.  Labels such as "Made in the
      Philippines" or "Made in the Philippines from fabric produced in
      Taiwan" are acceptable for purposes of this statute.

           The designated textile and apparel category may be subdivided
      into parts.  If so, the visa and quota requirements applicable to the
      subject merchandise may be affected.  Since part categories are the
      result of international bilateral agreements which are subject to











                                       -3-


      frequent renegotiations and changes, to obtain the most current
      information available, we suggest you check, close to the time of
      shipment, the Status Report On Current Import Quotas (Restraint
      Levels), an issuance of the U.S. Customs Service, which is updated
      weekly and is available at your local Customs office.

           Due to the changeable nature of the statistical annotation (the
      ninth and tenth digits of the classification) and the restraint
      (quota/visa) categories, you should contact your local Customs office
      prior to importation of this merchandise to determine the current
      status of any import restraints or requirements.


                                      Sincerely,



                                      John Durant, Director
                                      Commercial Rulings Division










































      6cc: Area Director, New York Seaport
      1cc: CITA
      1cc: Legal Reference Section
      1cc: Phil Robins