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January 7, 1999

CLA?2-61:RR:NC:TA: 359 D84604

CATEGORY: CLASSIFICATION

Ms. Randi Jacobs
Import Development 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)(4)

Dear Ms. Jacobs:

This is in reply to your letter dated November 11, 1998, which is accompanied by a letter dated November 9, 1998, from the manufacturer, Wintex Garment Fty., Ltd., Macau, 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 that is composed of 60% cotton, 40% polyester fibers for all fabric sections. The pullover has a shirt-type collar and a partial front opening extending from the neck which is closed by four buttons on the placket. It also has short sleeves and a pronounced rib knit tightening at the bottom. The edge of the collar and the sleeve ends are decorated with crocheted trim. The entire back of the pullover and the lower two-thirds of the body at the front, except for the rib knit bottom, as well as the sleeves, exclusive of the trim, are all constructed of machine knit, interlock fabric. The upper one-third of the front of the pullover consists of a patchwork mixture of small woven and hand-crocheted panels. The machine knit, interlock fabric has more than ten stitches per one linear centimeter, measured in the horizontal and vertical directions, and it is this machine knit fabric which gives the pullover its essential character, noting the General Rules of Interpretation (GRI), Rule 3(b), Harmonized Tariff Schedule of the United States.

You submitted a sample of the pullover, Style 90X610. You also submitted fabric panels representing the collar and sleeves, as well as separate small woven patches of fabric and pictures of small hand crocheted patches that are assembled to form the upper body of the pullover at the front. All of these are returned as requested.

The manufacturing operations for the pullover are as follows:

In Macau

(A) the sleeve panels, the machine knitted front and and the back panels and the collar are cut; (B) the patchwork squares are cut;

In China

(C) the patchwork squares are assembled together using hand crocheted methods;
(D) the sleeve ends and the collar are decorated using hand crocheted methods;

In Macau

(E) assembly of the patchwork panel to the machine knitted panel in the front and (F) joining of all machine knitted panels, including the sleeves and rib knit bottom, to form the finished pullover.

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the pullover will be 6110.20.2075, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for sweaters, pullovers, knitted or crocheted, of cotton, other, other, other, womens. The rate of duty will be 18.6% ad valorem.

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 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

Section 102.21(e) states that the pullover must be assembled in a single country but, in fact, it is assembled in two countries, Macau and China. Accordingly, as the pullover does not qualify for the tariff shift, Section 102.21(c)(2) is inapplicable.

Section 102.21(c)(3) states that, "Where the country of origin of a textile or apparel product cannot be determined under paragraph (c)(1) or (2) of this section":

(i) If the good was knit to shape, the country of origin of the good is the single country, territory, or insular possession in which the good was knit; or (ii) Except for goods of heading 5609, 5807, 5811, 6213, 6214, 6301 through 6306, and 6308, and subheadings 6209.20.5040, 6307.10, 6307.90, and 9404.90, if the good was not knit to shape and the good was wholly assembled in a single country, territory, or insular possession, the country of origin of the good is the country, territory, or insular possession in which the good was wholly assembled.

As the subject merchandise is neither knit to shape, nor wholly assembled in a single country, Section 102.21 (c)(3) is inapplicable.

Section 102.21 (c)(4) states, Where the country of origin of a textile or apparel product cannot be determined under paragraph (c)(1), (2) or (3) of this section, the country of origin of the good is the single country, territory or insular possession in which the most important assembly or manufacturing process occurred.

In the case of the subject merchandise, the assembly of the previously joined patchwork panel together with all of the machine knitted panels, thereby forming the finished pullover, which occurs in Macau, constitutes the most important assembly process. Accordingly, the country of origin of the pullover is 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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