HQ 958656: Country of Origin Determinations for Sweatshirt, Cardigan, and Joint Sweatshirt; 19 CFR 102.21(c)(4); Most Important Assembly

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 958656

                           May 31, 1996


CLA-2 RR:TC:TE  958656  GGD

CATEGORY:  Classification

Brenda A. Jacobs, Esquire
Powell, Goldstein, Frazier & Murphy
1001 Pennsylvania Avenue, NW., Sixth Floor
Washington, D.C. 20004

RE:  Country of Origin Determinations for Sweatshirt, Cardigan,
     and Joint Sweatshirt; 19 CFR 102.21(c)(4); Most Important
     Assembly

Dear Ms. Jacobs:

     This letter is in response to your letter dated November 9,
1995, on behalf of your client, the Singapore Trade Development
Board, requesting country of origin determinations for two styles
of sweatshirts and a cardigan, to be imported into the United
States on or after July 1, 1996.  No samples were submitted with
the request.  

FACTS:

     The three articles at issue are a basic sweatshirt, a basic
cardigan sweater, and a joint (three-paneled) sweatshirt, all
long sleeve and classifiable in heading 6110, HTSUS.  The
manufacturing operations are as follows:

     PRODUCTION PLAN I (BASIC SWEATSHIRT):

     Country B

     - pattern is designed

          - fabric sourced in Taiwan is marked according to pattern                               -2-

     Country A

     - fabric is cut to pattern

     - waistband pieces are attached to front and back panels

     - shoulder seam is sewn, joining front and back panels

     - collar/neckband is sewn and attached to panels

     Country B

     - sleeves are attached to front and back panels

     - side seams are sewn, joining front and back of shirt

     - ribbed band cuffs are attached to sleeves and hemmed

     - waistband is hemmed and finished

     - shirt is pressed and packed for export


     PRODUCTION PLAN II (BASIC SWEATSHIRT):

     Country B

     - pattern is designed

     - fabric sourced in Taiwan is marked according to pattern

     Country A

     - fabric is cut to pattern

     - waistband pieces are attached to front and back panels

     - shoulder seam is sewn, joining front and back panels

     - collar/neckband is sewn and attached to panels

          - sleeves are attached to front and back panels (variation  from production plan I)                               -3-

     Country B

     - side seams are sewn, joining front and back of shirt

     - ribbed band cuffs are attached to sleeves and hemmed

     - waistband is hemmed and finished

     - shirt is pressed and packed for export


     PRODUCTION PLAN I (CARDIGAN):

     Country B

     - pattern is designed

     - fabric sourced in Taiwan is marked according to pattern

     Country A

     - fabric is cut to pattern

     - one pocket is attached to each front panel

     - shoulder seams are joined

     - placket is sewn

     Country B

     - side seams are sewn

     - sleeves are attached to front and back panels

     - cuffs and bottom hem band are attached and finished

     - button holes are made and finished

     - buttons are attached

          - cardigan is pressed and packed for export                               -4-

     PRODUCTION PLAN II (CARDIGAN):

     Country B

     - pattern is designed

     - fabric sourced in Taiwan is marked according to pattern

     Country A

     - fabric is cut to pattern

     - one pocket is attached to each front panel

     - shoulder seams are joined

     - placket is sewn

     - sleeves are attached to front and back panels (variation  from production plan I)

     Country B

     - side seams are sewn

     - cuffs and bottom hem band are attached and finished

     - button holes are made and finished

     - buttons are attached

     - cardigan is pressed and packed for export


     PRODUCTION PLAN (JOINT SWEATSHIRT):

     Country B

     - fabric sourced in Taiwan is marked according to pattern

     Country A

     - fabric is cut to pattern

          - three cut panels comprising the front are sewn together                               -5-

     - shoulder seam is joined

     - collar/neckband is attached to front and back panels

     Country B

     - sleeves are attached to front and back panels

     - side seams are sewn, joining front and back of shirt

     - cuffs and waistband are attached and hemmed

     - sweatshirt is pressed and packed for export


ISSUE:

     What is the country of origin of the merchandise?

LAW AND ANALYSIS:

     On December 8, 1994, the President signed into law the
Uruguay Round Agreements Act.  Section 334 of that Act provides
new rules of origin for textiles and apparel entered, or
withdrawn from warehouse, for consumption, on or after July 1,
1996.  On September 5, 1995, Customs published Section 102.21,
Customs Regulations, in the Federal Register, implementing
Section 334 (60 FR 46188).  Thus, effective July 1, 1996, the
country of origin of a textile or apparel product shall be
determined by sequential application of the general rules set
forth in paragraphs (c)(1) through (5) of section 102.21.

     Paragraph (c)(1) states that "The country of origin of a
textile or apparel product is the single country, territory, or
insular possession in which the good was wholly obtained or
produced."  Since the merchandise is not wholly obtained or
produced in a single country, territory or insular possession,
paragraph (c)(1) is not applicable.

     Paragraph (c)(2) states that "Where the country of origin of
a textile or apparel product cannot be determined under paragraph
(c)(1) of this section, the country of origin of the good is the
single country, territory, or insular possession in which each
foreign material incorporated in that good underwent an                               -6-

applicable change in tariff classification, and/or met any other
requirement, specified for the good in paragraph (e) of this
section."

     Paragraph (e) states that "The following rules shall apply
for purposes of determining the country of origin of a textile or
apparel product under paragraph (c)(2) of this section:"

     6101-6117 (1) If the good is not knit to shape and consists           of two or more component parts, a change to an
                                                                           assembled good of heading 6101 through 6117 from
                                                                           unassembled components, provided that the change
                                                                           is the result of the good being wholly assembled
                                                                           in a single country, territory, or insular
                                                                           possession.

     The cardigan and both sweatshirt styles are classifiable
under heading 6110, HTSUS, as sweaters, pullovers, sweatshirts,
waistcoats (vests) and similar articles, knitted or crocheted. 
Section 102.21(b)(6) states that:

     The term "wholly assembled" when used with reference to a
     good means that all components, of which there must be at
     least two, preexisted in essentially the same condition as
     found in the finished good and were combined to form the
     finished good in a single country, territory, or insular
     possession.  Minor attachments and minor embellishments (for
     example, appliques, beads, spangles, embroidery, buttons)
     not appreciably affecting the identity of the good, and
     minor subassemblies (for example, collars, cuffs, plackets,
     pockets), will not affect the status of a good as "wholly
     assembled" in a single country, territory, or insular
     possession.

Since the production plans of all three articles involve the
assembly of components in two separate countries, none of the
merchandise is wholly assembled in a single country.  Therefore,
section 102.21(c)(2) is inapplicable.

     Paragraph (c)(3) states that "Where the country of origin of
a textile or apparel product cannot be determined under paragraph
(c)(1) or (2) of this section:                               -7-

     (i) If the good was knit to shape, the country of origin of
     the good is the single country, territory, or insular
     possession in which the good was knit; or

     (ii) Except for goods of heading 5609, 5807, 5811, 6213,
     6214, 6301 through 6306, and 6308, and subheadings
     6209.20.5040, 6307.10, 6307.90, and 9404.90, if the good was
     not knit to shape and the good was wholly assembled in a
     single country, territory or insular possession, the country
     of origin of the good is the country, territory, or insular
     possession in which the good was wholly assembled.

     Since the merchandise is neither knit to shape, nor wholly
assembled in a single country, section 102.21(c)(3) is not
applicable.

     Section 102.21(c)(4) states that "Where the country of
origin of a textile or apparel product cannot be determined under
paragraph (c)(1), (2) or (3) of this section, the country of
origin of the good is the single country, territory, or insular
possession in which the most important assembly or manufacturing
process occurred."  

     In this case, the assembly of all garments, under all
production plans, occurs in both countries A and B.  It is the
opinion of this office that in basic sweatshirt production plan
I, the assembly in country B - where the sleeves are attached,
the side seams are sewn, and the ribbed band cuffs are attached -
constitutes the most important assembly.  In basic sweatshirt
production plan II, the assembly in country A - where the sleeves
are attached, the shoulder seam is sewn, the collar/neckband is
sewn and attached, and the waistband is attached - constitutes
the most important assembly.  In cardigan production plan I, the
assembly in country B - where the side seams are sewn and the
sleeves, cuffs, and bottom hem band are attached - constitutes
the most important assembly.  In cardigan production plan II, the
assembly in country A - where the shoulder seams are joined, the
sleeves are attached, the pockets are attached, and the placket
is sewn - constitutes the most important assembly.  In the joint
(three-paneled) sweatshirt production plan, the assembly in
country A - where the three panels comprising the sweatshirt's
front are sewn together, the shoulder seam is joined, and the
collar/neckband is attached - constitutes the most important
assembly.                               -8-

HOLDING:

     The country of origin of the basic sweatshirt in production
plan I is country B.

     The country of origin of the basic sweatshirt in production
plan II is country A.

     The country of origin of the cardigan in production plan I
is country B.

     The country of origin of the cardigan in production plan II
is country A.

     The country of origin of the joint sweatshirt is country A.

     The holding set forth above applies only to the specific
factual situations and merchandise identified in the ruling
request.  This position is clearly set forth in 19 CFR
177.9(b)(1), which states that each ruling letter is issued on
the assumption that all of the information furnished and
incorporated in the ruling letter, either directly, by reference,
or by implication, is accurate and complete in every material
respect. 

     Should it be subsequently 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.  A change in the facts previously furnished may
affect the determination of country of origin.  Thus, if there is
any change in the facts provided to Customs, it is recommended
that a new ruling request be submitted in accordance with 19 CFR
177.2.

                               Sincerely,




                               John Durant, Director
                               Tariff Classification
                               Appeals Division