CLA-2 CO:R:C:T 954731 jb
Andrew P. Vance, Esq.
Barnes, Richardson & Colburn
475 Park Avenue South
New York, N.Y. 10016
RE: Modification of HQ 951541; Country of Origin determination
for men's woven dress shirts; substantial transformation where
assembly occurs; sub-assembly of minor parts oes not confer
country of origin
Dear Mr. Vance:
On July 30, 1992, we issued you Headquarters Ruling (HQ)
951541, which held that a determination on the country of origin
for men's woven dress shirts was based on whether or not all of
the sewing and assembly operations were performed in one country.
In a series of rulings regarding country of origin
determinations for men's shirts (HQ 953638, 953639, 953640 and
953641), Customs had occasion to review this issue. This letter
is to inform you that Customs has modified its view in regard to
the above articles for the reasons stated therein. Attached you
will find a copy of one of those rulings.
It is Customs opinion that a substantial transformation of a
woven shirt (such as those at issue in the above cited rulings
and at issue in HQ 951541) occurs at the time of assembly of all
the component parts into the completed garment. Though a sub-assembly operation of a component such as a collar or cuff might
take place in another country, it is considered only a minor part
of the complete assembly of the garment and should not control
the country of origin determination of the shirt. The assembly
process, i.e., the time at which all the component parts,
including the sub-assembled parts are sewn together, is viewed by
Customs as a substantial assembly resulting in a completed
garment.
Accordingly, if the specific factual situations as outlined
in your original request have not changed, the country of origin
of the articles in all three circumstances is China.
This modification is made pursuant to 19 CFR 177.9(d)(1) and
is not retroactive in application. However HQ 951541 will not be
valid for importations of the subject merchandise arriving in the
United States after the date of this notice. We recognize that
pending transactions may be adversely affected (i.e., merchandise
previously ordered and arriving in the United States subsequent
to this modification will be classified accordingly). If it can
be shown that you relied to your detriment, you may apply to this
office for relief. However, you should be aware that in some
instances involving import restraints, such relief may require
separate approvals from other government agencies.
Sincerely,
John Durant, Director
Commercial Rulings Division