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January 8, 1999

CLA?2-61:RR:NC:TA:359 D84590

CATEGORY: CLASSIFICATION

Mr. Victor Chiang
Mei Lai Garment Factory Ltd.
Avenida do Almirante Lacerda, No. 35-37
1,2,3,5 andar A-B, Edificio Wan K’ao
Macau

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

Dear Mr. Chiang :

This is in reply to your letter dated November 9, 1998, 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 consists of a woman’s knitted pullover with a round neckline, short sleeves and a hemmed bottom. There is crocheted trimming around the front of the neckline and at the end of each sleeve. At the front of the pullover there is decorative embroidery and ornamental wooden beads. The 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 65% polyester, 35% cotton.

The manufacturing operations for the pullover are as follows:

In China the knitted fabric is cut into component panels which will become parts of the pullover. Also in China the embroidery and the beading are added to the front panel, and the crocheted trim is added to the sleeves and neckline.

In Macau all of the component panels are sewn together; the capping at the rear neckline is added; and the garment is pressed and packed for export to the United States.

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 sweaters, pullovers...and similar articles, knitted or crocheted, of man-made fibers: other, other, other, other, other, women’s or girl’s. The rate of duty will be 33.1% 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. As the pullover is not knit to shape but is assembled into a good which is within the designated tariff headings and which was 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 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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