HQ 958033: Country of origin of certain women's woven wool stirrup pants

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 958033

                           July 6, 1995

CLA-2 R:C:T 958033 CMR

CATEGORY: Classification

Ms. Tamara Borkowski
ALPI USA Inc.
1111 East Touhy Avenue
Suite 470
Des Plaines, IL 60018

RE: Country of origin of certain women's woven wool stirrup pants

Dear Ms. Borkowski:

     This is in response to your request of May 30, 1995, and
follow-up letter of June 1, 1995, on behalf of Gallinaro Buying
Service (G.B.S.), concerning the country of origin of certain
women's woven wool stirrup pants processed in Italy and Bulgaria. 
As the request was made by you, we will address this response to
you.  We cannot address this response to the Ministry of Trade of
Bulgaria as you have asked because they did not request this
ruling.

FACTS:

     The garments at issue are women's stirrup woven wool pants,
style S 641.  The woven wool fabric is made in Italy and consists
of 72 percent wool, 25 percent viscose rayon and 3 percent lycra
fibers.  The fabric is cut into garment pieces (16 total) in
Italy.  The cut pieces are sent to Bulgaria.  The zippers,
buttons, thread and labels used in the production of the pants
are all made in Italy and sent to Bulgaria.  In Bulgaria, the cut
pieces and other components are sewn to form the finished pants. 
The cut lining material for the pockets (pocket backing) is
supplied in Bulgaria.  The finished pants are packed in Bulgaria
for shipment.

     No sample was received with your request.  However, you did
supply a diagram of the various components and documentation
which detailed the production process.

ISSUE:

     What is the country of origin of the woven wool pants at
issue?
                               -2-


LAW AND ANALYSIS:

     Section 12.130 of the Customs Regulations, 19 CFR 12.130,
sets forth the principles for determining the country of origin
of textiles and textile products subject to section 204 of the 
Agricultural Act of 1956, as amended (7 U.S.C. 1854).  The
regulation provides that a textile or textile product produced by
processing in more than one country will be considered a product
of that country in which it last underwent a substantial
transformation.  19 CFR 12.130(b).  Substantial transformation is
defined in 12.130(b) as a transformation "by means of substantial
manufacturing or processing operations into a new and different
article of commerce."

     Section 12.130(e)(1) provides, in pertinent part, that an
article or material usually will be considered a product of a
particular country if while in that country it undergoes any of 
the following:

     (iv) Cutting of fabric into parts and the assembly of those
     parts into the completed article; or

     (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).

     Customs has consistently held that the cutting of fabric
into garment pieces is a substantial transformation and the
garment pieces become a product of the country in which they were
cut.  We have also consistently held that when garment parts are
cut in one country and the garment is assembled in another
country, unless the assembly operation is a substantial assembly
such as that referred to in 12.130(e)(1)(v), the country of
origin remains the country in which the garment parts are cut. 
See, HRL 088235 of March 15, 1991, and rulings cited therein.  

     In this case, the fabric is cut into garment pieces in Italy
and those pieces are assembled in Bulgaria.  The assembly of the
cut garment pieces is not considered a complex, substantial
assembly as required in 12.130(e)(1)(v).  Instead, it is viewed
as a relatively simple joining together by sewing of the various
component pieces.  See, Headquarters Ruling Letter (HRL) 083461
of May 15, 1990; HRL 083359 of May 18, 1990; HRL 951436 of July 
17, 1992; HRL 952223 of October 26, 1992; HRL 953225 of April 9,
1993; HRL 954604 of October 28, 1993; and, HRL 955208 of January
13, 1994--all of which involve the country of origin
determination for pants assembled in one country of garment
pieces cut in another country.                               -3-


     As the assembly of the garment pieces is viewed as a simple
assembly, the country of origin of the wool pants is the country
in which the garment pieces are cut, i.e., Italy.  It is in Italy
that the last substantial transformation occurs.

     In regard to the pocket back lining material sourced in
Bulgaria, it is our view that it is de minimis in relation to the
garments at issue and thus should not affect the origin
determination.  See, HRL 954711 of January 19, 1994.

HOLDING:

     The country of origin of the woven wool stirrup pants is
Italy.

     The holding set forth above applies only to the specific
factual situation and merchandise identified in the ruling
request.  This position is clearly set forth in section
177.9(b)(1), Customs Regulations (19 CFR 177.9(b)(1)).  This
section states that a ruling letter is issued on the assumption
that all of the information furnished in connection with the
ruling request and incorporated in the ruling letter, either
directly, by reference, or by implication is accurate and
complete in every material respect.  Should it subsequently be
determined that the information furnished is not complete and
does not comply with 19 CFR 177.9(b)(1), the ruling will be
subject to modification or revocation.  In the event there is a
change in the facts previously furnished, this may affect the
determination of country of origin.  Accordingly, it is
recommended that a new ruling request be submitted in accordance
with section 177.2, Customs Regulations (19 CFR 177.2).

                                   Sincerely,



                                   John Durant, Director
                                   Commercial Rulings Division