NY C84911 - Classification and country of origin determination for a knit garment; 19 CFR 102.21(c)(2); tariff shift - United States International Trade Commision Rulings

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NY C84911

March 24, 1998

CLA-2-RR:NC:TA:356 C84911

CATEGORY: CLASSIFICATION

Mr. Elon A. Pollack, P.C.
865 S. Figueroa Street, Suite 1388
Los Angeles, CA 90017

RE: Classification and country of origin determination for a knit garment; 19 CFR 102.21(c)(2); tariff shift

Dear Mr. Pollack:

This is in reply to your letter dated February 23, 1998, and a supplemental letter dated March 19, 1998, on behalf of Designs Alive, requesting a classification and country of origin determination for a knit garment which will be imported into the United States.

FACTS:

The subject merchandise is a pullover style garment constructed from 100 percent cotton, finely knit jersey fabric. The garment has a rib knit crew neckline; short, hemmed sleeves; a screen printed logo on the center chest; and a hemmed bottom.

The manufacturing processes are as follows:

Pakistan:
- The fabric for the garment body is tubular knit - The fabric for the neckband is knit
- The knit fabric is cut into component parts (tubular knit body, sleeves, neckband) - The component parts are assembled into a finished garment

Japan:
- The garment is screen printed with various designs

ISSUE:

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

CLASSIFICATION:

Because the submitted garment is not the actual garment which will be imported and because the garment does not match the specifications you have submitted, we are unable to provide a classification ruling. Your sample is being returned.

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Section 334 of that Act (codified at 19 U.S.C. 3592) provides new rules of origin for textiles and apparel entered, or withdrawn from warehouse, for consumption, on and after July 1, 1996.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

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.

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

HOLDING:

The country of origin of the garment is Pakistan. Based upon international textile trade agreements, products of Pakistan are subject to visa requirements and quota restraints.

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 CAR 177). Should it be subsequently determined that the information furnished is not complete and does not comply with 19 CAR 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 CAR 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 Mary Ryan at 212-466-5877.

Sincerely,

Robert B. Swierupski
Director,

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