HQ 959447: Country of origin determination for a woman's blouse; 19 CFR102.21(c)(4); most important assembly or manufacturingprocess

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 959447
                                 
                         August 14, 1996
CLA-2   RR:TC:TE   959447   jb

CATEGORY: Classification

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

RE:  Country of origin determination for a woman's blouse; 19 CFR
102.21(c)(4); most      important assembly or manufacturing
process

Dear Mr. Loring:

     This is in reply to your letter dated July 8, 1996, on
behalf of your client, The Limited, Inc., requesting a country of
origin determination for women's blouses which will be imported
into the United States.  No samples were submitted to this office
for examination.

FACTS:

     The merchandise at issue consists of a woman's woven long
sleeved blouse which buttons down the front.  You state that the
blouse will be constructed of either cotton, silk or man-made
fibers.  The blouse features a collar, cuffs, one front breast
pocket and a back yoke.  The manufacturing process is as follows:

     COUNTRY A

     - two front panels, single back panel and sleeve components
are cut to shape;
     - pocket components, collar components, cuff components and
yoke are cut to shape;
     - pockets hemmed and sewn to the front panels;
     - collar components are attached to form the collar;
     - cuff components are attached to form cuffs;
     - yoke is attached to the back panel;
     - the front panel is placketed and buttonholed.
     - sleeves panels are sewn together along a single seam and
the sleeve vent is sealed.

     The blouse components, i.e., front panels, back panel,
sleeves (each sleeve consists of two panels), collar and cuffs
are shipped to Country B.

     COUNTRY B

     - front panels and the back panel are joined at the
shoulders;
     - second sleeve seams are sewn closed to form sleeves;
     - the sleeves are attached to the garment;
     - side seams are closed;
     - collar and cuffs are assembled to the blouse.

     The blouse will then be returned to Country A for
inspection, washing, buttoning, trimming , ironing and packaging.

LAW AND ANALYSIS:

     On December 8, 1994, the President signed into law the
Uruguay Round Agreements Act.  Section 334 of that Act (codified
at 19 U.S.C. 3592) 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 of
the 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 a women's blouse classifiable in
heading 6206, HTSUSA.  As such, it is provided for under the
tariff shift rule.  That rule also states that country of origin
is conferred by that single country, territory or insular
possession in which the good is wholly assembled.  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.

     In the case of the subject merchandise, as important
assembly operations occur in both Country A and Country B, the
subject merchandise is not "wholly assembled" in a single country
as per the terms of the tariff shift.  Accordingly, Section
102.21(c)(2) is inapplicable.

     Section 102.21(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;

          (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 single 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 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 the case of the subject merchandise, the
most important assembly process occurs in Country B, that is,
where the front panels and back panel are joined at the
shoulders, the sleeves are attached to the garment, the side
seams are closed, and the collar and cuffs are attached to the
garment.



HOLDING:

     The country of origin of the subject woman's blouse 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, 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.  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 CFR 177.2.



                              Sincerely,




                              John Durant, Director
                              Tariff Classification Appeals
Division