HQ 084979: Country of Origin of a T-Shirt

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 084979

                        OCTOBER 23, 1989


CLA-2 CO:R:C:G  084979  PR

CATEGORY:  Classification

TARIFF NO.:  None

Mr. Peter W. F. Wu
Moderntex International Inc.
39-41 Hankow Road
Tsim Sha Tsui
Kowloon, Hong Kong

RE:  Country of Origin of a T-Shirt

Dear Mr. Wu:

     This ruling is in response to your letter of June 20, 1989,
concerning the country of origin of certain T-shirts for quota
and export license purposes.

FACTS:

     Three pieces of the subject T-shirts are being fabricated in
China--the body of the garment consisting of front and back
panels joined together at the shoulders with capping forming a
finished neck opening, and two cut-to-length pieces of fabric
that will form the short sleeves.  These parts are shipped to
Hong Kong where (1) the side seams are stitched together, (2) the
sleeves are attached, (3) the bottom is hemmed, and (4) the
shirts are packed for shipment to the United States.

ISSUE:

     The issue presented is whether the processing in Hong Kong
is sufficient to cause the subject shirts to be products of Hong
Kong for quota and export license purposes.

LAW AND ANALYSIS:

     Section 12.130, Customs Regulations (19 CFR 12.130)
provides, in pertinent part, as follows:

     (b)  Country of origin.  For the purpose of this section
          * * * a textile or textile product, subject to section
          204, Agricultural Act of 1956, as amended, imported
          into the customs territory of the United States shall
     be a product of a particular foreign territory or country,
     or insular possession of the U.S., if it is wholly the
     growth, product, or manufacture of that foreign territory or
     country, or insular possession.  However,  * * * a textile
     or textile product, subject to section 204, 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.

                    *         *         *

     (d)  Criteria for determining country of origin.  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 foreign territory or
          country, or insular possession of the U.S.
             (iii) The complexity of the manufacturing or
          processing operations in each foreign territory or
          country, or insular possession of the U.S.
             (iv) The level or degree of skill and/or technology
          required in the manufacturing or processing operations
          in each foreign territory or country, or insular
          possession of the U.S.
             (v) The value added to the article or material in
          each foreign territory or country, or insular
          possession of the U.S., compared to its value when
          imported into the U.S.



HOLDING:

     In applying the standards set out in Section 12.130, Customs
Regulations, we find that the processing in Hong Kong is neither
substantial nor results in a new article of commerce.
Accordingly, for quota, visa, and export license purposes, the
subject T-shirts are products of China.



                              Sincerely,




                              John Durant, Director
                              Commercial Rulings Division