HQ 959222: Clarification of HQ 958851, dated February 22, 1996

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 959222

                           May 15, 1996

CLA-2  RR:TC:TE  959222  jb

CATEGORY: Classification

Harold I. Loring, Esq.
Grunfeld, Desiderio, Lebowitz & Silverman LLP
245 Park Avenue
New York, NY 10167-0002

RE:  Clarification of HQ 958851, dated February 22, 1996

Dear Mr. Loring:

     This is in regard to Headquarters Ruling Letter (HQ) 958851,
issued to you from this office on February 22, 1996.  In HQ
958851 Customs determined the country of origin of a woman's
blouse pursuant to Section 102.21, Customs Regulations (19 CFR
102.21).  Upon further review, Customs has determined that the
rationale stated in HQ 958851 should be clarified.

     The manufacturing operations performed in Country A included
the cutting to shape of the two front panels, single back panel,
sleeves components, pocket components, collar components, cuff
components and yoke.  Additionally, the pockets were hemmed and
sewn to the front panels, collar components were attached to form
the collar, cuff components were attached to form the cuffs, the
yoke was attached to the back panel, and the front panel was
placketed and buttonholed.  

     Although HQ 958851 correctly determined that the country of
origin of the blouse was conferred by Country B, it failed to
cite the appropriate Section of 102.21 by which the determination
was made.  Section 102.21(c)(2), the tariff shift rule, was
incorrectly cited as the determinative paragraph.  Section
102.21(c)(2) is not applicable to the facts in Country A because
there are important manufacturing operations which occur there;
as for example the pockets which are sewn to the front panels and
the yoke which is attached to the back panel.  Thus, as important
assembly operations occur in both Country A and Country B, it
cannot be said that the garment was "wholly assembled" in Country
B.  As such, Section 102.21(c)(2) is inapplicable.  
     




     Section 102.21(c)(3) is also not applicable because the
merchandise is neither knit not wholly assembled in a single
country.  Section 102.21(c)(4) states that where country of
origin cannot be determined under paragraph (c)(1),(2) or (3),
the country of origin of the good is the single country in which
the most important assembly or manufacturing process occurred. 
In the case of the subject merchandise, the most important
assembly processes occur in Country B.

     Accordingly, the determination in HQ 958851 remains the
same, that is, the country of origin of the subject women's shirt
is Country B.  Country B confers country of origin because that
is where the most important assembly processes occurred.




                              Sincerely,




                              John Durant, Director
                              Tariff Classification Appeals
Division