[Code of Federal Regulations]

[Title 19, Volume 1]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 19CFR102.22]



[Page 480-481]

 

                        TITLE 19--CUSTOMS DUTIES

 

   CHAPTER I--BUREAU OF CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF 

              HOMELAND SECURITY; DEPARTMENT OF THE TREASURY

 

PART 102_RULES OF ORIGIN--Table of Contents

 

                        Subpart B_Rules of Origin

 

Sec.  102.22  Rules of origin for textile and apparel products of Israel.



    (a) Applicability. The provisions of this section will control for 

purposes of determining whether a textile or apparel product, as defined 

in Sec.  102.21(b)(5), is considered a product of Israel for purposes of 

the customs laws and the administration of quantitative limitations. A 

textile or apparel product will be a product of Israel if it is wholly 

the growth, product, or manufacture of Israel. However, a textile or 

apparel product that consists of materials produced or derived from, or 

processed in, another country, or insular possession of the United 

States, in addition to Israel, will be a product of Israel if it last 

underwent a substantial transformation in Israel. A textile or apparel 

product will be considered to have undergone a substantial 

transformation if it has been transformed by means of substantial 

manufacturing or processing operations into a new and different article 

of commerce.

    (b) Criteria for determining country of origin for products of 

Israel. The criteria in paragraphs (b)(1) and (b)(2) of this section 

will be considered in determining whether an imported textile or apparel 

product is a product of Israel. These criteria are not exhaustive. One 

or any combination of criteria may be determinative, and additional 

factors may be considered.

    (1) A new and different article of commerce will usually result from 

a manufacturing or processing operation if there is a change in:

    (i) Commercial designation or identity;

    (ii) Fundamental character; or

    (iii) Commercial use.

    (2) In determining whether merchandise has been subjected to 

substantial manufacturing or processing operations, the following will 

be considered:

    (i) The physical change in the material or article as a result of 

the manufacturing or processing operations in Israel or in Israel and a 

foreign territory or country or insular possession of the U.S.;

    (ii) The time involved in the manufacturing or processing operations 

in Israel or in Israel and a foreign territory or country or insular 

possession of the U.S.;

    (iii) The complexity of the manufacturing or processing operations 

in Israel or in Israel and a foreign territory or country or insular 

possession of the U.S.;

    (iv) The level or degree of skill and/or technology required in the 

manufacturing or processing operations in Israel or in Israel and a 

foreign territory or country or insular possession of the U.S.; and

    (v) The value added to the article or material in Israel or in 

Israel and a foreign territory or country or insular possession of the 

U.S., compared to its value when imported into the U.S.

    (c) Manufacturing or processing operations. (1) An article or 

material usually will be a product of Israel when it has undergone in 

Israel prior to importation into the United States any of the following:

    (i) Dyeing of fabric and printing when accompanied by two or more of 

the following finishing operations: bleaching, shrinking, fulling, 

napping, decating, permanent stiffening, weighting, permanent embossing, 

or moireing;

    (ii) Spinning fibers into yarn;

    (iii) Weaving, knitting or otherwise forming fabric;

    (iv) Cutting of fabric into parts and the assembly of those parts 

into the completed article; or

    (v) 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 of the U.S., into a 

completed garment (e.g., the complete assembly and tailoring of all cut 

pieces of suit-type jackets, suits, and shirts).

    (2) An article or material usually will not be considered to be a 

product of



[[Page 481]]



Israel by virtue of merely having undergone any of the following:

    (i) Simple combining operations, labeling, pressing, cleaning or dry 

cleaning, or packaging operations, or any combination thereof;

    (ii) Cutting to length or width and hemming or overlocking fabrics 

which are readily identifiable as being intended for a particular 

commercial use;

    (iii) Trimming and/or joining together by sewing, looping, linking, 

or other means of attaching otherwise completed knit-to-shape component 

parts produced in a single country, even when accompanied by other 

processes (e.g., washing, drying, and mending) normally incident to the 

assembly process;

    (iv) One or more finishing operations on yarns, fabrics, or other 

textile articles, such as showerproofing, superwashing, bleaching, 

decating, fulling, shrinking, mercerizing, or similar operations; or

    (v) Dyeing and/or printing of fabrics or yarns.

    (d) Results of origin determination. If Israel is determined to be 

the country of origin of a textile or apparel product by application of 

the provisions in paragraphs (a), (b), and (c) of this section, the 

inquiry into the origin of the product ends. However, if Israel is 

determined not to be the country of origin of a textile or apparel 

product by application of the provisions in paragraphs (a), (b), and (c) 

of this section, the country of origin of the product will be determined 

under the rules of origin set forth in Sec.  102.21, although the 

application of those rules cannot result in Israel being the country of 

origin of the product.



[CBP Dec. 05-32, 70 FR 58013, Oct. 5, 2005]