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NY C82168





December 18, 1997

CLA-2-RR:NC:TA:359 C82168

CATEGORY: CLASSIFICATION

Mr. Michael R. Doram
Creskoff, Doram & Hume
901 Corporate Center Drive, Suite 524
Monterey Park, CA 91754

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

Dear Mr. Doram:

This is in reply to your letter dated October 2, 1997, resubmitted November 6, 1997, on behalf of Charter S.A. de C.V., El Salvador, requesting a classification and country of origin determination for women's knitwear which will be imported into the United States. Your sample is returned.

FACTS:

The subject merchandise consists of a woman's knitted pullover, Style 15843J. The sample submitted has a crew neckline that is rib knit; short, hemmed sleeves and a hemmed bottom. There are no openings starting at the neck. It is intended for wear over underwear on the upper torso, and it extends from the neck and shoulders to below the waist. The jersey knit fabric of the pullover has more than nine stitches per two centimeters, measured in the direction in which the stitches were formed. The fiber content is 100% cotton. There are shoulder pads on the inside of the pullover. On the front panel at the chest there is a large section that is embroidered in a decorative pattern.

The manufacturing operations for the pullover are as follows: - the fabric is knit in China where the fabric panels are cut;
- the front panel is embroidered in China; - the cut components are shipped to El Salvador; - all assembly work is performed in El Salvador.

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the woman's pullover will be 6110.20.2075, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for pullovers...knitted or crocheted: of cotton: other, other, other, women's. The rate of duty will be 19.4% ad valorem (1997); 19% ad valorem (1998).

Style 15843 J, the pullover, falls within textile category designation 339. 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

6110.20.2075 (1) if the good is not knit to shape and consists of two or more component parts, a change to an assembled good of the 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.

As the knitted pullover, which consists of two or more unassembled component parts which undergo a tariff shift to an assembled good in a single country, that is, El Salvador, as per the terms of the tariff shift requirement, country of origin is conferred in El Salvador.

HOLDING:

The country of origin of the pullover is El Salvador. Based upon international textile trade agreements this product of El Salvador is not subject to the restraint of quota nor 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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