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January 11, 1999

CLA?2-61-RR:NC:TA:359 D84795

CATEGORY: CLASSIFICATION

Mr. David J. Evan
Grunfeld, Desiderio, Lebowitz and Silverman LLP 245 Park Avenue, 33rd Floor
New York, NY 10167

RE: Classification and country of origin determination for a woman’s knitted pullover; 19 CFR 102.21(c)(3)

Dear Mr. Evan:

This is in reply to your letter dated November 16, 1998, on behalf of Plunaka Intl., Ltd., Kowloon, Hong Kong, 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, long sleeved pullover with a bateau neckline. The fiber content is 93% cotton, 5% nylon and 2% spandex. The fabric of the pullover has more than nine stitches per two centimeters, measured in the direction in which the stitches were formed. Other features present on the garment include a capped neckline, tubular sleeve ends and a tubular bottom.

You submitted Style 2001 as a representative sample of the finished pullover. You also submitted its component parts which include a front and a back panel, the two sleeve panels and the capping for the neckline. All of these items are returned as requested.

We note that the component panels exhibit the following features:

A) Back panel i) tubular bottom; ii) self-finished edge on each side; iii) lines of demarcation at the neck and shoulders which are clear and continuous; iv) contoured armholes with full fashion marks.

B) Front panel same as above;

C) Sleeve panels i) tubular ends; ii) self-finished edge on each side; iii) short lines of demarcation at sleeve caps which are clear and continuous; iv) contoured armholes with full-fashion marks.

The manufacturing operations for the pullover are as follows: In Japan

A) all of the panels are knitted with the features indicated;
B) the capping for the neckline is knitted;

In China

A) all panels are cut along the designated lines of demarcation;
B) the component panels are joined and the capping is added to the neckline.

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, women’s. 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 knit to shape, a change to heading 6101 through 6117 from any heading outside that group, provided that the knit to shape components are knit in a single country

Section 102.21(e) states that the good, if it is considered knit to shape, must be classified within the designated tariff headings but that the component panels must be classified outside of those headings. Accordingly, as the component panels for this pullover are classified within the designated headings, the good does not meet the tariff shift requirement and, 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;

As the subject merchandise is knit to shape and knitted in a single country (Japan), Section 102.21(c)(3) applies.

HOLDING:

The country of origin of the pullover is Japan. Based upon international textile trade agreements products of Japan are subject to 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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