HQ 951884: Country of origin of men's apparel; casual wear

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 951884

                          July 28, 1992

CLA-2  CO:R:C:T  951884 jb

CATEGORY: Classification

Curtis R. Perry
CJ International, Inc.
3021 East Baltimore Street
Baltimore, Md 21224


RE: Country of origin of men's apparel; casual wear


Dear Mr. Perry:

     This letter is in response to your inquiry for country of
origin determination of men's casual wear.

     According to your submissions, the fabric and all
submaterials such as buttons and thread for this apparel are
manufactured and cut in South Korea.  Assembly, (requiring sewing
only), and packaging is done in the Philippines.

     For country of origin purposes, Section 12.130 of the
Customs Regulations (19 CFR 12.130) is applicable to the
merchandise at issue.  Section 12.130(b) of the Customs
Regulations provides that a textile product that is processed in
more than one country or territory shall be a product of that
country or territory where it last underwent a substantial
transformation.  A 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) of the Customs Regulations sets forth
criteria in determining whether a substantial transformation of a
textile product has taken place.  This regulation states that
these criteria are not exhaustive; one or any combination of
criteria may be determinative and additional factors may be
considered.

     Section 12.130(d)(1) states that 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

     Section 12.130(d)(2) of the Customs Regulations states that
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 operation 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.

     Section 12.130(e)(1)(v) states that an article will be a
product of a particular foreign country, when it has undergone
prior to importation into the U.S. in that foreign country:

     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).

     As you did not provide us with this requisite information,
we are unable to make a determination concerning the country of
origin for the merchandise at issue. We would also need more
detailed information concerning the manufacturing and processing
operations as performed in each country.

     If you still wish to receive a ruling concerning the country
of origin of the merchandise at issue, please submit a new
request, containing the additional information requested and
samples of the merchandise to be imported, to the following
address:

     Mr. John Durant
     Director
     Commercial Rulings Division
     1301 Constitution Avenue, N.W.
     Washington, D.C. 20229

     

                           Sincerely,




                           John Durant, Director
                           Commercial Rulings Division