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NY B87324





September 24, 1997

CLA-2-RR:NC:TA:360 B87324

CATEGORY: CLASSIFICATION

Fiona Chau
Second Secretary
Hong Kong Economic and Trade Office
1150 18th Street, NW
Suite 475
Washington, DC 20036

RE: Classification and country of origin determination for a women's upper body garment; 19 CFR 102.21(c)(2); tariff shift

Dear Ms. Chau:

This is in reply to your letter dated June 30, 1997, requesting a classification and country of origin determination for a women's upper body garment which will be imported into the United States. A sample was submitted for review and is being retained by this office.

FACTS:

The subject merchandise consists of a women's long sleeved pullover upper body garment constructed from both knit and woven fabric components. The front of the garment consists of a 100% shetland wool woven panel while the rear panel, sleeves, collar and waistband are made from 100% wool knitted components.

The manufacturing operations for the pullover blouse are as follows:

SCENARIO A

Front panel: Fabric woven in Country A, cut in Country A or Country B

Back and Knitted in Country B sleeve panels:

Making up: Linking of panels* in Country A

SCENARIO B

Front panel: Fabric woven and cut to shape in Country A

Back and Knitted in Country A sleeve panels:

Making up: Linking of panels* in Country B

SCENARIO C

Front panel: Fabric woven and cut to shape in Country A

Back and Knitted in Country B sleeve panels:

Making up: Linking of panels* in Country A

SCENARIO D

Front panel: Fabric woven and cut to shape in Country A

Back and Knitted in Country B sleeve panels:

Making up: Linking of panels* in Country B

*We are assuming that the linking process includes sewing the woven panel to the knitted components.

ISSUE:

What are the classification and country of origin of the subject merchandise?

CLASSIFICATION:

No heading of the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) provides specifically for textile wearing apparel that is both knitted and not knitted. If the garment were made entirely of knitted fabric it would be classified in heading 6110, HTSUS, which provides for women's sweaters, pullovers, sweatshirts, waistcoats, and similar articles, knitted or crocheted. Conversely, if it consisted solely of woven fabric it would be classified in heading 6211, HTSUS, which provides for blouses excluded from heading 6206. Classification under heading 6206, HTSUS, is precluded by the fact that the garment has a ribbed knit waistband.

For classification purposes, a garment consisting of both knit and woven components is considered to be a composite good and, as such, a determination must be made to establish the essential character of the garment as directed by GRI 3(b). In Memorandum 084118, dated April 13, 1989, Customs stated that certain criteria shall be applied in the classification of garments consisting of different fabrics or of textile and nontextile components. The memorandum states in pertinent part:

A. For upper or lower body garments, if one component exceeds 60 percent of the visible surface area, that component will determine the classification of the garment unless the other component:

(1) forms the entire front of the garment; or (2) provides a visual and significant decorative effect (e.g. a substantial amount of lace); or (3) is over 50 percent by weight of the garment; or (4) is valued at more than 10 times the primary component

In this case, although the knitted fabric exceeds 60% of the visible surface area, the woven portion forms the entire front of the garment. The woven portion therefore imparts the essential character and determines the tariff classification of the garment.

The applicable subheading for the woven blouse will be 6211.41.0030, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for women's woven blouses, shirts and shirt-blouses excluded from heading 6206. The rate of duty will be 15.5 percent ad valorem.

The woven blouse falls within textile category designation 440. The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

COUNTRY OF ORIGIN - 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 materials 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) in pertinent part 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":

HTSUS Tariff shift and/or other requirements

6210-6212 (1) If the good consists of two or more components, a change to an assembled good of heading 6210 through 6212 from unassembled components, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession. As stated above, the garment is properly classifiable under heading 6211, HTSUS. Since the blouse is considered to be a composite good and the woven component imparts the essential character of the composite good, the country of origin of the woven portion will determine the origin for the composite good. In each of the scenarios presented, the blouse is assembled in a single country, and, as per the terms of the tariff shift requirement, it is in that country in which origin is conferred: in scenarios A and C - country A; and in scenarios B and D - country B.

HOLDING:

The country of origin of the blouse is Country A for scenarios A and C, and Country B for scenarios B and C. Without the individual country names, we cannot supply specific quota/ visa information. If, however, there are international textile trade agreements for products of these countries, they will be subject to quota and the requirement of a visa.

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.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). 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.

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Patricia Schiazzano at 212-466-5866.

Sincerely,

Robert B. Swierupski
Director,

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