CLA-2 RR:TC:TE 959734 jb
Flora Najafi
Bamboleo
35 North Main
Moab, Utah 84532
RE: Country of origin determination; Section 102.21, Customs
Regulations; information letter
Dear Ms. Najafi:
This is in reply to your letter dated July 17, 1996,
requesting a country of origin and marking determination and
NAFTA eligibility for a variety of garments which will be
imported into the United States. No samples were submitted to
this office for examination.
In your letter you state that fabrics made of either 100
percent rayon, cotton, silk or linen will be imported from a
number of countries (Indonesia, Thailand, India, Hong Kong,
China, and Italy) and then sent to Mexico for cutting and
assembly into the completed garments.
These garments include women's dresses, skirts, pants, tops,
blouses, jumpers and shirts, and men's shirts, pants and Bermuda
shorts.
The product descriptions and manufacturing operations you
have presented to this office are not sufficiently detailed for
Customs to issue a binding country of origin determination. In
order for Customs to issue a proper determination, the following
information is required:
1) a description of the garment or article, including
information on its construction, e.g., knit, knit to shape
or woven;
2) a detailed description of each of the manufacturing and
assembly processes and the sequence (order) in which they
occur;
3) the name of the country in which each of these operations
is performed;
4) a sample of the completed garment/article and/or samples
representing the various stages of production of the
garment as it occurs in each of the countries involved.
On December 8, 1994, the President signed into law the
Uruguay Round Agreements Act. Section 334 of that Act (codified
at 19 U.S.C. 3592) 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apparel entered, or withdrawn from warehouse, for consumption, on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 (c)(5) of Section 102.21.
In general, the section 102.21 rules provide that for most
garments the country of origin is the single country where the
garments are wholly assembled, provided that the garments consist
of at least two component pieces which are wholly assembled in
that country. In the case of the subject merchandise, if the
garments consist of at least two components which are wholly
assembled in Mexico, the country of origin of those garments is
Mexico. In regard to the NAFTA documentation you requested, you
should call the NAFTA center at (214) 574-4061 for additional
information.
Although your letter addressed the garments at issue, you
did not provide us with sufficient information regarding the
manufacturing and assembly operations. Accordingly, until this
information is provided to us, we will not be able to issue you a
binding ruling.
Sincerely,
John Durant, Director
Tariff Classification Appeals
Division