HQ 959344: Country of origin determination for men's long sleeve cottonshirts; 19 CFR 102.21(c)(4)

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 959344

                    July 18, 1996

CLA-2 RR:TC:TE 959344 NLP

CATEGORY: Classification

Diane L. Weinberg, Esq.
Sandler, Travis & Rosenberg, P.A.
505 Park Avenue
New York, NY 10022-1106

RE:  Country of origin determination for men's long sleeve cotton
shirts; 19 CFR 102.21(c)(4)

Dear Ms. Weinberg:

     This is in reply to your letter dated June 14, 1996,
requesting a country of origin determination for men's long
sleeve cotton shirts with a full front placketed opening.  On
July 11, 1996, you sent Customs a letter informing us that the
above request is being made on behalf of the follwing companies:
DNP Garment Manufacturing Sdn. Bhd., Tanaka Sdn. Bhd., and Dragon
& Phoenix Serba Pakaian Sdn. Bhd.

FACTS:

     The garments at issue are men's 100 percent woven cotton
long sleeve shirts.   The manufacturing operations are as
follows:

     PRODUCTION PLAN 1

     Country A
     
     Piece goods are cut into shaped components
     Front pockets and pocket flaps are formed and attached to
the front panels
     Collar is formed
     Cuffs are formed
     Belt loop is made and interlinings are cut
     Yoke, label and beltloop are sewn and attached to the back
panel
     Pleats are sewn
     Front panel is placketed and buttonholed, buttons are
attached
     Sleeve panel is placketed, and pleats and labels are sewn
onto the sleeve panel
     


     Country B

     Right and left front panels and the back panels are joined
at the shoulder seam
     Collar is assembled to the front and back body panels
     Sleeves are attached to the front and back panels
     Underarm seam and side seams are closed
     Cuffs are assembled to the sleeves
     Assembled garment undergoes finishing and packing operations

     PRODUCTION PLAN II

     Country A

     Piece goods are cut into shaped components
     Front pockets and pocket flaps are formed and attached to
the front panels
     Collar is formed
     Cuffs are formed
     Belt loop is made and interlining is cut
     Yoke, label and belt loops are sewn and attached to the back
panel, and pleats are sewn
     Front panel is placketed and button holed
     Buttons are attached
     Sleeve panel is placketed, and pleats and labels are sewn
onto the sleeve panel

     Country B

     Right and left front panels and the back panels are joined
at the shoulder seam
     Collar is assembled to the front and back panels
     Sleeves are attached to the front and back panels
     Underarm seam and the sideseams are closed
     Cuffs are assembled to the sleeves

     Country A

     Bottom is hemmed
     Edges are stitched
     Assembled garment undergoes finishing and packing operations


ISSUE:

     What is the country of origin of the subject men's shirts?



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 and 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."  As the subject merchandise is not wholly obtained or
produced in a single country, territory, or insular possession,
paragraph (c)(1) of Section 102.21 is inapplicable.

     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
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:"
     
     6201-6208 (1) If the good consists of two or more component
parts, a change to an                          assembled good of
heading 6201 through 6208 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 subject merchandise is classifiable as men's woven
shirts in heading 6205, Harmonized Tariff Schedule of the United
States (HTSUS).  Section 102.21(b)(6) defines wholly
assembled as:

     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.


As the subject shirts are assembled in both Country A and Country
B, the good is not wholly assembled in a single country as per
Section 102.21 (c)(2).

     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":

     (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.

     As the subject merchandise is neither knit, nor wholly
assembled in a single country, Section 102.21 (c)(3) is
inapplicable.

     Section 102.21 (c)(4) states, "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 the case of the subject merchandise,
assembly occurs in both Country A and Country B.  It is our
position that in production plan I, the most important assembly
operations occur in Country B, as it is in this country that the
majority of the garment is assembled to completion, discounting
any minor subassemblies (as defined in Section 102.21, paragraph
(6)) and finishing operations.  In production plan II, the most
important assembly operations occur in Country B, as it is in
this country that the majority of the garment is assembled to
completion, discounting any minor subassemblies. 

HOLDING:

     In production plans I and II, the country of origin for the
shirts is Country B.

     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 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 the
ruling letter, either directly, by reference, or by implication,
is accurate and complete in every respect.





     Should it be subsequently determined that the information
furnished is not complete and does not comply with 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, if there is any change in the
facts submitted to Customs, it is recommend that a new ruling
request be submitted in accordance with 19 CFR 177.2.

                    
                                   Sincerely,



                                   John Durant, Director
                                   Tariff Classification Appeals
Division