HQ 958848 - Country of origin determination for a woman's knit garment; 19 CFR ?102.21(c)(2); tariff shift - United States International Trade Commision Rulings

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HQ 958848

April 9, 1996
CLA-2 RR:TC:TE 958848 jb

CATEGORY: CLASSIFICATION

Paul Racano
Newport News, Inc.
711 Third Avenue
New York, NY 10017

RE: Country of origin determination for a woman's knit garment; 19 CFR ?102.21(c)(2); tariff shift

Dear Mr. Racano:

This is in reply to your letter dated January 3, 1996, requesting a country of origin determination for a women's knit garment which will be imported into the United States sometime on or after July 1, 1996. A sample was submitted to this office for examination and will be returned under separate cover.

FACTS:

The submitted garment consists of a woman's knit garment. The manufacturing operations are as follows:

China Hong Kong

- panels are knit - linking
- sleeves are knit - looping
- shipping

ISSUE:

What is the country of origin of the submitted merchandise?

LAW AND ANALYSIS:

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 Section 334 of that Act provides new rules of origin for textiles and apparel entered, or withdrawn from warehouse, for consumption, on and after July 1, 1996.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). 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, 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 of the 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".

Paragraph (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":

6101-6117 (3) If the good is knit to shape, a change to heading 6101 through 6117 from any heading outside that group, provided that the knit-to-shape components are knit in a single country, territory or insular possession.

The subject merchandise is a women's knit garment classifiable in heading 6110, HTSUSA. The knit to shape components are classifiable in heading 6117, HTSUSA. This change to heading 6117, HTSUSA, occurs in China where the components are knit-to-shape. Accordingly, the knitting to shape of the panels and sleeves in China confers country of origin.

HOLDING:

The country of origin of the subject woman's knit garment is China.

This ruling is issued pursuant to the provisions of Part 177, Customs Regulations (19 CFR Part 177). If the specific factual situation is not as described above, this ruling may not be valid. In such an event, it is recommended that a new ruling request be submitted.

Sincerely,

John Durant, Director
Tariff Classification Appeals

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