CLA-2 RR:TC:TE 959342 NLP

Arthur W. Bodek, Esq.
Siegel, Mandell & Davidson, P.C.
One Astor Plaza
1515 Broadway
43rd Floor
New York, New York 10036-8901

RE: Country of origin determination for women's dress and belt; 19 CFR 102.21(c)(2) and 19 CFR 102.21(e); HRLs 954703, 956540 and 959341

Dear Mr. Bodek:

This is in reply to your letter dated June 12, 1996, requesting a country of origin determination for a women's dress and self-fabric belt which will be imported into the United States after July 1, 1996. A sample was submitted to this office for examination.

FACTS:

The subject merchandise consists of a women's dress and self-fabric belt. The dress is made of 100 percent woven rayon fabric and a lining made out of 100 percent woven polyester. The belt is made from rayon fabric and has a vinyl backing. After the dress is assembled, a single belt is threaded through the belt loops of the dress, and the dress and belt combination are shipped to the United States. The dress and belt will not be divided for sale as individual components.

The manufacturing operations are as follows:

COUNTRY A

100 percent rayon fabric for the dress and belt is woven 100 percent polyester fabric for the dress lining is woven Belt is formed: Bands of rayon fabric are cut to length and width, hemmed and sewn to a vinyl backing to form belting strips Holes are punched in each strip Buckle and accompanying hardware are attached COUNTRY B

Fabric for the dress is cut into appropriate components Fabric for the lining is cut Dress and lining are sewn to form the completed garment Belt is threaded through the belt loops of the dress

Additionally, you requested information regarding the appropriate marking for the subject merchandise. This ruling will only address the country of origin determination for duty and visa/quota purposes. You will be receiving a subsequent letter from our Special Classification and Marking Branch as regards the appropriate marking for this merchandise.

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 Section 334 of that Act provides new rules of origin for textiles and apparel entered, or withdrawn from warehouse, for consumption, on and after July 1, 1996.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.

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.

For classification purposes, the subject dress and self-fabric belt are considered a "composite good" in which the dress imparts the essential character. See, Headquarters Ruling Letter (HRL) 954073, dated September 23, 1993, wherein Customs classified a dress and textile belt, which were color coordinated and constructed of the same fabric, as a composite good, with the dress imparting the essential character to the item; HRL 956540, dated September 7, 1994, wherein Customs classified women's shorts with accompanying belts as composite goods. As such, the country of origin of the dress will determine the origin of the composite good and the country of origin of the accompanying belt is not determined separately. Accordingly, as per the terms of Section 102.21(c)(2) and Section 102.21(e), as the subject dress is composed of two or more component parts and is wholly assembled in a single country, that is, Country B, the country of origin of the subject dress and belt is Country B. See, HRL 959341, dated July 3, 1996, wherein Customs dealt with a country of origin determination for a women's suit with handkerchief. Customs held that the suit and handkerchief were considered a composite good and the country of origin of the suit determined the origin of the composite good and the country of origin of the handkerchief was not determined separately.

HOLDING;

The country of origin of the subject women's dress and belt 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 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 recommend that a new ruling request be submitted in accordance with 19 CFR 177.2.

Sincerely,

John Durant, Director
Tariff Classification Appeals
Division