---
kind: "range"
citation: "19 C.F.R. §§ 102.21–102.25"
title: "19"
from: "102.21"
to: "102.25"
count: 5
url: "https://uscodex.org/cfr/19/102.21..102.25"
---

# §102.21. Textile and apparel products.

- (a) **Applicability.** Except for purposes of determining whether goods originate in Israel or are the growth, product, or manufacture of Israel, and except as otherwise provided for by statute, the provisions of this section will control the determination of the country of origin of imported textile and apparel products for purposes of the Customs laws and the administration of quantitative restrictions. The provisions of this section will apply to goods entered, or withdrawn from warehouse, for consumption on or after July 1, 1996.
- (b) **Definitions.** The following terms will have the meanings indicated when used in this section:
  - (1) **Country of origin.** The term country of origin means the country, territory, or insular possession in which a good originates or of which a good is the growth, product, or manufacture.
  - (2) **Fabric-making process.** A fabric-making process is any manufacturing operation that begins with polymers, fibers, filaments (including strips), yarns, twine, cordage, rope, or fabric strips and results in a textile fabric.
  - (3) **Knit to shape.** The term knit to shape applies to any good of which 50 percent or more of the exterior surface area is formed by major parts that have been knitted or crocheted directly to the shape used in the good, with no consideration being given to patch pockets, appliques, or the like. Minor cutting, trimming, or sewing of those major parts will not affect the determination of whether a good is “knit to shape.”
  - (4) **Major parts.** The term major parts means integral components of a good but does not include collars, cuffs, waistbands, plackets, pockets, linings, paddings, trim, accessories, or similar parts.
  - (5) **Textile or apparel product.** A textile or apparel product is any good classifiable in [Chapters 50 through 63](/cfr/19/ch50..63.md), Harmonized Tariff Schedule of the United States (HTSUS), and any good classifiable under one of the following HTSUS headings or subheadings:
  - (6) **Wholly assembled.** The term “wholly assembled” when used with reference to a good means that all components, of which there must be at least two, preexisted in essentially the same condition as found in the finished good and were combined to form the finished good in a single country, territory, or insular possession. Minor attachments and minor embellishments (for example, appliques, beads, spangles, embroidery, buttons) not appreciably affecting the identity of the good, and minor subassemblies (for example, collars, cuffs, plackets, pockets), will not affect the status of a good as “wholly assembled” in a single country, territory, or insular possession.
- (c) **General rules.** Subject to [paragraph (d)](#d) of this section, the country of origin of a textile or apparel product will be determined by sequential application of [paragraphs (c)](#c) (1) through (5) of this section and, in each case where appropriate to the specific context, by application of the additional requirements or conditions of [§§ 102.12 through 102.19](/cfr/19/102.12..102.19.md) of this part.
  - (1) 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.
  - (2) Where the country of origin of a textile or apparel product cannot be determined under [paragraph (c)(1)](#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)](#e) of this section.
  - (3) Where the country of origin of a textile or apparel product cannot be determined under [paragraph (c)](#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 fabrics of chapter 59 and goods of headings 5609, 5807, 5811, 6213, 6214, 6301 through 6306, and 6308, and subheadings 6307.10, 6307.90, 9404.90, and 9619.00.31-33 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.
  - (4) Where the country of origin of a textile or apparel product cannot be determined under [paragraph (c)](#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.
  - (5) Where the country of origin of a textile or apparel product cannot be determined under [paragraph (c)](#c) (1), (2), (3) or (4) of this section, the country of origin of the good is the last country, territory, or insular possession in which an important assembly or manufacturing process occurred.
- (d) **Treatment of sets.** Where a good classifiable in the HTSUS as a set includes one or more components that are textile or apparel products and a single country of origin for all of the components of the set cannot be determined under [paragraph (c)](#c) of this section, the country of origin of each component of the set that is a textile or apparel product will be determined separately under [paragraph (c)](#c) of this section.
- (e) **Specific rules by tariff classification.**
  - (1) The following rules will apply for purposes of determining the country of origin of a textile or apparel product under [paragraph (c)(2)](#c-2) of this section:
  - (2) For goods of HTSUS headings 6213 and 6214 and HTSUS subheadings 6117.10, 6302.22, 6302.29, 6302.53, 6302.59, 6302.93, 6302.99, 6303.92, 6303.99, 6304.19, 6304.93, 6304.99, 9404.90.85 and 9404.90.95, except for goods classified under those headings or subheadings as of cotton or of wool or consisting of fiber blends containing 16 percent or more by weight of cotton:
    - (i) The country of origin of the good is the country, territory, or insular possession in which the fabric comprising the good was both dyed and printed when accompanied by two or more of the following finishing operations: bleaching, shrinking, fulling, napping, decating, permanent stiffening, weighting, permanent embossing, or moireing;
    - (ii) If the country of origin cannot be determined under [paragraph (e)(2)(i)](#e-2-i) of this section, except for goods of HTSUS subheading 6117.10 that are knit to shape or consist of two or more component parts, the country of origin is the country, territory, or insular possession in which the fabric comprising the good was formed by a fabric-making process; or
    - (iii) For goods of HTSUS subheading 6117.10 that are knit to shape or consist of two or more component parts, if the country of origin cannot be determined under [paragraph (e)(2)(i)](#e-2-i) of this section:
      - (A) If the good is knit to shape, the country of origin of the good is the country, territory, or insular possession in which a change to HTSUS subheading 6117.10 from yarn occurs, provided that the knit to shape components are knit in a single country, territory, or insular possession; or
      - (B) If the good is not knit to shape and consists of two or more component parts, the country of origin of the good is the country, territory, or insular possession in which a change to an assembled good of HTSUS subheading 6117.10 from unassembled components occurs, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession.

# §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 [§ 102.21(b)(5)](/cfr/19/102.21.md?p=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)](#b-1) and [(b)(2)](#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 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)](#a), [(b)](#b), and [(c)](#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)](#a), [(b)](#b), and [(c)](#c) of this section, the country of origin of the product will be determined under the rules of origin set forth in [§ 102.21](/cfr/19/102.21.md), although the application of those rules cannot result in Israel being the country of origin of the product.

# §102.23. Origin and Manufacturer Identification.

- (a) **Textile or apparel product manufacturer identification.** All commercial importations of textile or apparel products must identify on CBP Form 3461, or its electronic equivalent, (Entry/Immediate Delivery) and CBP Form 7501, or its electronic equivalent, (Entry Summary), and in all electronic data transmissions that require identification of the manufacturer, the manufacturer of such products through a manufacturer identification code (MID) constructed from the name and address of the entity performing the origin-conferring operations pursuant to [§ 102.21](/cfr/19/102.21.md) or [§ 102.22](/cfr/19/102.22.md) of this part, as applicable. The code must be accurately constructed using the methodology set forth in the appendix to this part, including the use of the two-letter International Organization for Standardization (ISO) code for the country of origin of such products. When a single entry is filed for products of more than one manufacturer, the products of each manufacturer must be separately identified. Importers must be able to demonstrate to CBP their use of reasonable care in determining the manufacturer. If an entry filed for such merchandise fails to include the MID properly constructed from the name and address of the manufacturer, the Center director may reject the entry or take other appropriate action. For purposes of this paragraph, “textile or apparel products” means goods classifiable in Section XI, Harmonized Tariff Schedule of the United States (HTSUS), and goods classifiable in any 10-digit HTSUS number outside of Section XI with a three-digit textile category number assigned to the specific subheading.
- (b) **Incomplete or insufficient information.** If the Center director is unable to determine the country of origin of a textile or apparel product, the importer must submit additional information as requested by the Center director. Release of the product from CBP custody will be denied until a determination of the country of origin is made based upon the information provided or the best information available.
- (c) **Date of exportation.** For quota, visa or export license requirements, and statistical purposes, the date of exportation for textile or apparel products listed in [§ 102.21(b)(5)](/cfr/19/102.21.md?p=b-5) will be the date the vessel or carrier leaves the last port in the country of origin, as determined by application of [§ 102.21](/cfr/19/102.21.md) or [§ 102.22](/cfr/19/102.22.md), as applicable. Contingency of diversion in another foreign territory or country will not change the date of exportation for quota, visa or export license requirements or for statistical purposes.

# §102.24. Entry of textile or apparel products.


Textile or apparel products subject to section 204 of the Agricultural Act of 1956, as amended ([7 U.S.C. 1854](/usc/7/1854.md)), whether or not the requirements set forth in [§ 102.21](/cfr/19/102.21.md) or [§ 102.22](/cfr/19/102.22.md), as applicable, have been met, will be denied entry where the factory, producer, manufacturer, or other company named in the entry documents for such textile or apparel products is named in a directive published in the Federal Register by the Committee for the Implementation of Textile Agreements as a company found to be illegally transshipping, closed or unable to produce records to verify production. In these circumstances, no additional information will be accepted or considered by CBP for purposes of determining the admissibility of such textile or apparel products.


# §102.25. Textile or apparel products under the North American Free Trade Agreement.


In connection with a claim for NAFTA preferential tariff treatment involving non-originating textile or apparel products subject to the tariff preference level provisions of appendix 6.B to Annex 300-B of the NAFTA and Additional U.S. Notes 3 through 6 to Section XI, Harmonized Tariff Schedule of the United States, the importer must submit to CBP a Certificate of Eligibility, or its electronic equivalent, covering the products. The Certificate of Eligibility, or its electronic equivalent, must be properly completed and signed by an authorized official of the Canadian or Mexican government and must be presented to CBP at the time the claim for preferential tariff treatment is filed under [§ 181.21](/cfr/19/181.21.md) of this chapter. If the Center director is unable to determine the country of origin of the products, they will not be entitled to preferential tariff treatment or any other benefit under the NAFTA for which they would otherwise be eligible.