HQ 952752: Country of Origin determination for pajamas

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            HQ 952752

                        February 3, 1993

CLA  CO:R:C:T  952752  jb

CATEGORY:  CLASSIFICATION

Mr. Herb Tischler
Inner World
30 East 33rd. Street
New York, NY 10016

RE:  Country of Origin determination for pajamas

Dear Mr. Tischler:

     This letter is in response to your inquiry of September 22,
1992, requesting a country of origin determination for a pair of
pajamas.  A sample was submitted to this office for examination.

FACTS:

     The submitted sample consists of a pair of pajamas, referred
to as Style number 80225.  You state in your letter that the
fabric will be cut to pattern in Australia. The parts, trim and
labels will be sewn together in the Philippines, where the
embroidery and applique will also be added.  The finished pajamas
will then be packed and exported to the United States.

ISSUE:

     What is the country of origin of the merchandise at issue?

LAW AND ANALYSIS:

     Section 12.130 of the Customs Regulations (19 CFR 12.130)
sets forth the principles of country of origin for textiles and
textile products subject to Section 204 of the Agricultural Act
of 1956, as amended (7 U.S.C. 1854).

     Pursuant to 19 CFR 12.130(b), the standard of substantial
transformation governs the country of origin determination where
textiles and textile products are processed in more than one
country.  The country of origin of textile products is deemed to
be that foreign territory or country where the article last
underwent a substantial transformation.  Substantial
transformation is said to occur when the article has been
transformed into a new and different article of commerce by means
of substantial manufacturing or processing.
     The factors to be applied in determining whether or not a
manufacturing operation is substantial are set forth in 19 CFR
12.130(d).  Section 12.130(e)(1) describes manufacturing or
processing operations from which an article will usually be
considered a product of the country in which those operations
occurred.  Section 12.130(e)(1)(iv) provides that an article or
material usually will be a product of a particular foreign
territory or country when there has been both a cutting of fabric
into parts and the assembly of those parts into the completed
article.

     Section 12.130(e)(1)(v) states that an article will be a
product of a particular foreign country, when it has undergone
prior to importation into the U.S. in that foreign country:

     Substantial assembly by sewing and/or tailoring of all cut
     pieces of apparel articles which have been cut from fabric
     in another foreign territory or country, or insular
     possession, into a completed garment (e.g., the complete
     assembly of all cut pieces of suit-type jackets, suits and
     shirts).

     We have previously held that cutting of fabric into pattern
pieces constitutes a substantial transformation of the fabric,
resulting in the apparel pieces becoming a product of the country
where the fabric is cut.  Customs has also held that the mere
assembly of goods entailing simple combining operations, trimming
or joining together by sewing is not enough to substantially
transform the components of an article into a new and different
article of commerce. (See HQ 082747, dated February 23, 1989; 
HQ 086665, dated March 23, 1990; HQ 951169, dated April 1, 1992;
HQ 951426, dated April 8, 1992; HQ 951424, dated April 24, 1992;
HQ 951425, dated April 24, 1992; HQ 951437, dated July 17, 1992
HQ 952223, dated October 26, 1992).

     The assembly operation performed in the Philippines involves
the simple assembly of several cut pattern pieces to form the
pajamas. The sewing does not involve the complex sewing operation
contemplated by Section 12.130(e)(1)(v), as for example, that
found in the assembly and tailoring of all cut pieces of suit-
type jackets, suits and shirts.  

     Neither the assembly of the parts, nor the attachment of the
trim, embroidery, and applique, performed in the Philippines,
change the article into a new and different article.  It is the
cutting operation in Australia which materially changes the
garment into designated garment parts and consequently
constitutes a substantial transformation of that fabric, in
Australia.



HOLDING:

     The country or origin of the submitted merchandise, Style
80225, is Australia.  It is at the cutting process, in Australia,
that the textile product undergoes a substantial transformation
and is transformed into a new and different article of commerce.
That is the last substantial transformation of the goods in
question.

     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
177.9(b)(1), Customs Regulations (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, it is recommended that a new ruling
request be submitted in accordance with Section 177.2, Customs
Regulations (19 CFR 177.2).


                           Sincerely,




                           John Durant, Director
                           Commercial Rulings Division