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HQ 962121





November 23, 1998
CLA-2 RR:TC:TE 962121 jb

CATEGORY: CLASSIFICATION

Allison Baron, Esq.
Sharretts, Paley, Carter & Blauvelt, P.C. Sixty Seven Broad Street
New York, NY 10004

RE: Country of origin determination for men's knit garment; 19 CFR ?102.21(c)(4); most important assembly process

Dear Ms. Baron:

This is in reply to your letter dated July 6, 1998, wherein you ask for a country of origin determination for a knit garment which will be imported into the United States.

FACTS:

The submitted merchandise is a men's short sleeve polo-style shirt constructed of 100 percent cotton pique knit fabric measuring 9 stitches per linear centimeter in the horizontal direction and 24 stitches per linear centimeter in the vertical direction. The garment features a rib knit spread collar, a partial front opening with two button closure, a half moon sweat patch at the rear neckline, short sleeves with rib knit cuffs, a patch pocket on the left chest with an embroidered logo and a hemmed bottom with side slits and a tail. The manufacturing operations are as follows:

China fabric is cut into component pieces for the front panel, back panel, sleeves, rib cuffs, collar, placket, pocket and shoulder tape pocket component is embroidered with a small logo front and back panels are hemmed sweat patch is attached to the back panel at the inner neckline placket is attached to the front panel pocket is sewn to the front panel rib knit cuffs are sewn to the sleeve components front and back panels are sewn together at the shoulders with reinforcing tape

Malaysia buttons and buttonholes are added to the placket collar is attached brand label is attached to the rear neckline sleeves are attached to the body sleeve seam is sewn closed front and back panels are sewn together at the side seams

ISSUE:

What is the country of origin for the subject merchandise?

LAW AND ANALYSIS:

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Section 334 of that Act (codified at 19 U.S.C. 3592) provides new rules of origin for textiles and apparel entered, or withdrawn from warehouse, for consumption, on and after July 1, 1996.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 (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 If the good is not knit to shape and consists of two or more component parts, a change to an assembled good of heading 6101 through 6117 from unassembled components, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession.

The subject knit garment is constructed of fabric measuring 9 stitches per linear centimeter in the horizontal direction and 24 stitches per linear centimeter in the vertical direction. Note 4 to chapter 61 states, in pertinent part, that "headings 6105 and 6106 do not cover... garments having an average of less than 10 stitches per linear centimeter in each direction counted on an area measuring at least 10 centimeters by 10 centimeters." As such, the garment is precluded from classification in heading 6105 and is classifiable in heading 6110, Harmonized Tariff Schedule of the United States (HTSUS), in the provision for sweaters, pullovers, sweatshirts, waistcoats (vests), and similar articles. Although the subject garment is not knit to shape and consists of two or more component parts, it is not wholly assembled in a single country, territory, or insular possession. Accordingly, the terms of the tariff shift are not met.

Paragraph (c)(3) states that, "Where the country of origin of a textile or apparel product cannot be determined under paragraph (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 goods of heading 5609, 5807, 5811, 6213, 6214, 6301 through 6306, and 6308, and subheadings 6209.20.5040, 6307.10, 6307.90, and 9404.90, 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.

As the subject merchandise is neither knit to shape nor wholly assembled in a single country, territory, or insular possession, paragraph (c)(3) is inapplicable.

Paragraph (c)(4) states that, "Where the country of origin of a textile or apparel product cannot be determined under paragraph (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." In the case of the subject knit garment, the attachment of the collar, the attachment of the sleeves to the body, and the sewing together of the front and back panels at the side seams in Malaysia constitutes the most important assembly process. As such the country of origin of the subject knit garment is Malaysia. See also, Headquarter Ruling Letter (HQ) 960059, dated February 24, 1997, New York Ruling Letter (NY) C87388, dated May 28, 1998, and NY C82391, dated December 30, 1997.

HOLDING:

The country of origin of the subject knit garment is Malaysia

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 19 CFR 177.9(b)(1). This sections states that a 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, if there is any change in the facts submitted to Customs, it is recommended that a new ruling request be submitted in accordance with 19 CFR 177.2.

Sincerely,

John Durant, Director
Commercial Rulings Division


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