CLA-2 RR:TC:TE 959437
Ms. Angel L. Cooper
A.N. Deringer, Inc.
173 W. Service Road
Champlain, NY 12919
RE: Country of origin determination for ski suit pieces; 19 CFR
102.21
Dear Ms. Cooper:
This is in response to your letter dated July 1, 1996, on
behalf of your client, Louis Garneau Sports, Inc, requesting a
country of origin determination for ski suit pieces. Samples of
the fabric in each stage of production were submitted for our
examination.
FACTS:
The articles at issue are ski suit pieces that are made of
knit lycra and polyester foam and are printed on one side.
The manufacturing operations are as follows:
Italy
Knit lycra material is formed and put on rolls
Canada
100 percent polyester foam is formed
Lamination of two layers of lycra with the polyester foam by
a heat process
Prints are designed
Printing of the laminated lycra
Fabric is cut into ski suit pieces
ISSUE:
What is the country of origin of the ski suit pieces?
LAW AND ANALYSIS:
On December 8, 1994, the President signed into law the
Uruguay Round Agreements Act, codified in 19 U.S.C. 3925.
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and apparel entered, or withdrawn from warehouse, for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:"
6101-6117 (1) If the good is not knit to shape and
consists of two or more component parts, a change
to an assembled good of heading 6101 through
6117 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 knit ski suit pieces are classified in
subheading 6117.90, HTSUS.
They are not knit to shape and consist of two component parts.
However, the change to a good of heading 6117, HTSUS, does not
occur as a result of the good being wholly assembled from
unassembled components in a single country. The change to
heading 6117, HTSUS, occurs when the fabric, which is already
formed by laminating lycra and foam together, is cut into the ski
suit pieces. Therefore, 102.21(c)(2) and (e) is not applicable
here.
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.
Section 102.21(c)(3) does not provide the relevant country
of origin analysis in the instant case. First, the article is
not knit to shape. Second, while the subject goods, the ski suit
pieces, are not classified in a heading excepted from section
102.21(c)(3)(ii), the assembly does not result in the ski suit
pieces of heading 6117, HTSUS, it results in the fabric that will
be cut into the ski suit piece. Thus, it is the fabric that is
wholly assembled and the change to ski suit pieces of heading
6117, HTSUS, is the result of a cutting operation, not an
assembly. Therefore, Section 102.21(c)(3) is not applicable in
this case either.
Paragraph (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 garment pieces,
the most important manufacturing operation occurs at the time of
the fabric formation. We do not consider the laminating that
occurs in Canada to be a fabric making process. Therefore, the
fabric formation for this merchandise occurs in Italy and that is
the country of origin for the subject ski suit pieces.
HOLDING:
The country of origin of the ski-suit pieces is Italy.
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 C.F.R.
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 C.F.R.
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 C.F.R. 177.2.
Sincerely,
John Durant, Director
Tariff Classification Appeals
Division