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NY B89498




September 22, 1997

CLA-2-RR:NC:TA:359 B89498

CATEGORY: CLASSIFICATION

Ms. Randi Jacobs
Import Developement Coordinator
Koret of California
611 Mission St.
San Francisco, CA 94105

RE: Classification and country of origin determination for a woman's knitted pullover; 19 CFR 102.21(c)(2); tariff shift

Dear Ms. Jacobs:

This is in reply to your letter dated September 8, 1997, requesting a classification and country of origin determination for a woman's knitted pullover which will be imported into the United States.

FACTS:

The subject merchandise is Style 31S608, a woman's knitted pullover with a round neckline, hemmed bottom and short sleeves. The fabric of the pullover has more than nine stitches per two centimeters, measured in the direction that the stitches were formed. The fiber content of the pullover is 65% polyester, 35% cotton. The pullover features decorative crocheted yarn around the neckline and sleeve ends.

The manufacturing operations for the pullover are as follows: (1) the fabric is knitted in China;
(2) the fabric is shipped to Macau where it is cut into garment panels, which are then sewn together to form the pullover; (3) the pullover is shipped to China where the decorative crocheted yarn is added to the neckline and sleeve ends.

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the pullover will be 6110.30.3055, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for pullovers and similar articles, knitted or crocheted, of man-made fibers, other, women's. The rate of duty will be 33.5% ad valorem.

The pullover falls within textile category designation 639. 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

6110.30.3055 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. (Note that minor attachments do not affect the status of a good as "wholly assembled in a single country." Section 102.21(b)(6)C.R.)

As the pullover is assembled in a single country that is, Macau, as per the terms of the tariff shift requirement, country of origin is conferred in Macau.

HOLDING:

The country of origin of the pullover, Style 31S608, is Macau. Based upon international textile trade agreements products of Macau are 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 Mike Crowley at 212-466-5852.

Sincerely,

Robert B. Swierupski
Director,

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