MAR-2-05 RR:TC:SM 560095 DEC
Mr. Thomas Caldecot Chubb III
Oxford Industries, Incorporated
222 Piedmont Avenue, NE
Atlanta, Georgia 30308
RE: Country of origin marking of imported men's suits and suit-type jackets;
19 CFR 102.21; 19 CFR 134.43; T.D. 95-69; T.D. 96-48
Dear Mr. Chubb:
This is in response to your letter dated September 20, 1996,
requesting a ruling regarding acceptable country of origin
marking of men's suits and suit-type jackets.
FACTS:
Oxford Industries, Incorporated (Oxford), through its Lanier
Clothes Division, intends to import men's suits and suit-type
jackets. For purposes of this ruling, you state that the
garments are produced in Colombia from U.S. fabric and trim items
supplied by Oxford. You state that the fabric will be sent to
Colombia where it will be cut into ready-to-sew components. The
fabric components will then be sewn together with the trim items
to form suits and suit-type jackets. Oxford intends to mark the
country of origin label "Made in Colombia of U.S. Fabric."
ISSUE:
Whether the garments described above may be marked "Made in
Colombia of U.S. Fabric."
LAW AND ANALYSIS:
Section 304 of the Tariff Act of 1930, as amended (19 U.S.C.
1304), provides that unless excepted, every article of foreign
origin imported into the U.S. shall be marked in a conspicuous
place as legibly, indelibly, and permanently as the nature of the
article (or its container) will permit, in such a manner as to
indicate to the ultimate purchaser in the U.S. the English name
of the country of origin of the article. Congressional intent in
enacting 19 U.S.C. 1304 was "that the ultimate purchaser should
be able to know by an inspection of the marking on the imported
goods the country of which the goods is the product. The evident
purpose is to mark the goods so that at the time of purchase the
ultimate purchaser may, by knowing where the goods were produced,
be able to buy or refuse to buy them, if such marking should
influence his will." United States v. Friedlander & Co., 27
C.C.P.A. 297 at 302; C.A.D. 104 (1940).
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withdrawn from warehouse, for consumption, on and after July 1,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) (T.D. 95-69). 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 (fabric and trim from the U.S. and
sewn together in Colombia), 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". For purposes of this ruling, we are assuming that the
subject merchandise, men's suit and suit-type jackets, are
classified in heading 6203, Harmonized Tariff Schedule of the
United States (HTSUS). Section 102.21(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.
(2) If the good does not consist of two or
more component parts, a change to heading
6201 through 6208 from any heading outside
that group, except from heading 5007, 5111
through 5113, 5208 through 5212, 5309 through
5311, 5407 through 5408, 5512 through 5516,
5602 through 5603, 5801 through 5806, 5809
through 5811, 5903, 5906 through 5907, and
6217, and subheading 6307.90, and provided
that the change is the result of a
fabric-making process.
Assuming the men's suits and suit-type jackets consist of two or
more component parts, the country of origin of the men's suits
and suit-type jackets will be the single country where the
article will be wholly assembled. Therefore, based on the
information provided, Colombia will be the country of origin of
the men's suits and suit-type jackets for country of origin
marking purposes.
Additionally, it is stated that the fabric from which the
various garments are assembled is made in the U.S. While you
have not provided the tariff classification of the fabric you
claim to be of U.S. origin, it appears that the origin of the
fabric to be used will be the country where the fabric-making
process occurs which is defined as "any manufacturing operation
that begins with polymers, fibers, filaments (including strips),
yarns, twine, cordage, rope, or fabric strips and results in a
textile fabric." 19 CFR 102.21(b)(2). Accordingly, fabric woven
or knit in the U.S. will be considered to be of U.S.-origin.
Effective August 5, 1996, section 134.43(e), Customs
Regulations (19 CFR 134.43(e)), was amended and now provides
that:
[w]here an article is produced as a result of an
assembly operation and the country of origin of such
article is determined under this chapter to be the
country in which the article was finally assembled,
such article may be marked, as appropriate, in a manner
such as the following:
(1) Assembled in (country of final assembly);
(2) Assembled in (country of final assembly) from
components of (name of country or countries of
origin of all components); or
(3) Made in, or product of, (country of final
assembly).
See 61 FR 28980 (T.D. 96-48). In addition to amending section
134.43(e), Customs also deleted section 102.14 in the same
document (see 61 FR 28955). The use of the country of origin
markings set forth in section 134.43(e) are appropriate when the
origin of assembled goods is the country where the final assembly
occurs. Since the subject garments are finally assembled in
Colombia, the country of origin of such garments is determined
under 19 CFR 102.21 to be Colombia, and if, as you state, the
fabric components from which the garments are made are entirely
of U.S.-origin, the garments may be marked "Assembled in Colombia
of U.S. Fabric."
HOLDING:
The country of origin marking "Made in Colombia of U.S.
Fabric" to designate the country of origin of imported men's
suits and suit-type jackets described above satisfies the marking
requirements of 19 U.S.C. 1304, provided that the country of
origin of the garments is Colombia, the country of origin of the
fabric is the U.S., and the marking is permanent, conspicuous and
legible.
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.
A copy of this ruling letter should be attached to the entry
documents filed at the time the goods are entered. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
John Durant, Director
Tariff Classification Appeals
Division