HQ 958797: Country of origin determination for men's woven trousers; 19CFR 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 958797
                                 
                           May 15, 1996
CLA-2   RR:TC:TE  958797  jb

CATEGORY: Classification

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

RE:  Country of origin determination for men's woven trousers; 19
CFR 102.21(c)(4); most  important assembly

Dear Mr. Wortman and Mr. Loring:

     This is in reply to your letter dated December 22, 1995, on
behalf of Crystal Apparel Ltd., requesting a country of origin
determination for men's woven trousers which will be imported
into the United States sometime on or after July 1, 1996. 
Samples of the garment after assembly and the garment's
constituent pieces before assembly were submitted to this office
for examination.

FACTS:

     The subject merchandise consists of men's woven trousers
consisting of 100 percent cotton fabric.  The trousers feature
two side and two back pockets (either patch or inset), belt loops
and a front zipper opening.  The manufacturing operations are as
follows:

     PRODUCTION PLAN I:

     China

     - two front panels are cut;
     - two rear panels are cut;
     - pockets are cut;
     - pockets are sewn on to the front panels and rear panels.




     Hong Kong

     - two front panels, with zipper attached, are joined;
     - two back panels are sewn together;
     - front panel and back panel are joined;
     - waistband and belt loops are cut to length and assembled;
     - waistband buttonholing and buttoning are performed.

     Rear pocket buttonholing may occur in either China or Hong
Kong.
     
     PRODUCTION PLAN II:

     China

     - two front panels are cut;
     - two rear panels are cut;
     - two front panels, with zipper attached, are joined;
     - two rear panels are joined;
     - pockets are sewn onto the front panels and rear panels;

     Hong Kong

     - two front panels and two rear panels are joined together;
     - waistband and belt loops are cut to length and assembled;
     - waistband buttonholing.

     Rear pocket buttonholing may occur in either China or Hong
Kong.     

ISSUE:

     What is the country of origin of the subject 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 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
trousers in heading 6203, 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 trousers are assembled in both China and Hong
Kong, 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 China and Hong Kong.  It is the opinion of this
office that in production plan I, the most important assembly
occurs in Hong Kong where the four trouser panels with zipper are
joined, and the waistband and belt loops are cut to length and
assembled.   In production plan II, the most important assembly
occurs in China where the two front panels are sewn together with
the zipper attached, the two rear panels are sewn together, and
the pockets are sewn onto the front and rear panels. 

HOLDING:

     In production plan I the country of origin of the subject
men's trousers is Hong Kong.
     
     In production plan II the country of origin of the subject
men's trousers is China.

     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 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