HQ 959461: Country of origin determination for T- shirts; 19 CFRSection 102.21(c)(2) and (e)

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 959461

                    July 25, 1996

CLA-2 RR:TC:TE 959461 NLP

CATEGORY: Classification

TAIRFF NO.: 6109.10.0012

Mr. Irwin A. Seltzer
H.Z. Bernstein Co., Inc.
2975 Kennedy Blvd.
Jersey City, NJ  07306

RE:  Country of origin determination for T- shirts; 19 CFR
Section 102.21(c)(2) and (e)

Dear Mr. Seltzer:

     This is in response to your letter dated April 8, 1996, on
behalf of your client, USA Timing Enterprise Inc., requesting a
ruling on the country of origin, classification and applicable
quota category for a cotton knit T-shirt.  A sample was submitted
for our examination.

FACTS:

     The sample is a man's black T-shirt constructed from 100
percent cotton, finely knit, jersey fabric.  The garment features
a rib knit crew neckline, short, hemmed sleeves and a hemmed
bottom.  The fabric for the T-shirt is knit and cut in China. 
The component pieces are assembled into the completed T-shirt in
either the Dominican Republic or Haiti.

ISSUE:

     What is the country of origin of the subject T-shirt?

     What is the tariff classification of the subject T-shirt?

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withdrawn from warehouse, for consumption, on and after July 1,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:"    

     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.

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.

     The T-shirt at issue is classifiable in subheading
6109.10.0012, Harmonized Tariff Schedule of the United States
(HTSUS), which provides for "T-shirts, singlets, tank tops and
similar garments, knitted or crocheted: Of cotton: Men's or boys:
Other: Other T-shirts: Men's."
In this instance, the subject garment is not knit to shape,
consists of more than two component parts and is wholly assembled
in a single country, that is, either the Dominican Republic or
Haiti.  Therefore, in accordance with Section 102.21(c)(2) and
Section 102.21(e), the country of origin of the subject garment
is either the Dominican Republic or Haiti.

HOLDING:

     As stated above, the T-shirt is classifiable in subheading
6109.10.0012, HTSUS.  The applicable duty rate is 20.1 percent ad
valorem and the textile category code is 338.

     The country of origin for the T-shirt is the Dominican
Republic or Haiti, i.e., the single country in which it is wholly
assembled.

     The designated textile and apparel category may be
subdivided into parts.  If so, visa and quota requirements
applicable to the subject merchandise may be affected.  Since
part categories are the result of international and bilateral
agreements which are subject to frequent renegotiations and
changes, to obtain the most current information available, we
suggest that you check, close to the time of shipment, the Status
Report on Current Import Quotas (Restraint Levels), an internal
issuance of the U.S. Customs Service, which is available for
inspection at your local Customs office.
     
     Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classification) and the
restraint (quota/visa) categories, you should contact your local
Customs office prior to importation of this merchandise to
determine the current status of any import restraints or
requirements.

     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 recommended that a new ruling
request be submitted in accordance with 19 C.F.R. Section 177.2.

                                   Sincerely,


     
                                   John Durant, Director
                                   Tariff Classification Appeals
Division