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February 1, 1999

CLA?2?61:RR:NC:TA:361 D86255

CATEGORY: CLASSIFICATION

Mr. Arthur W. Bodek
Gramham & James, LLP
885 Third Avenue
21st Floor
New York, NY 10022-4834

RE: Classification and country of origin determination for knitted wearing apparel; United States ? Israel Free Trade Agreement; 19 CFR Section 12.130; 19 C.F.R. Section 102.21; and General Note 8, HTS.

Dear Mr. Bodek:

This is in reply to your letter dated December 23, 1998, submitted on behalf of your client, the BCTC Corp., 5901 S. Eastern Avenue, Los Angeles, California 90040, concerning the classification and country of origin determination of five styles of knitwear which will be imported into the United States. The garments will be returned to you, as requested.

FACTS:

Style 990028 is a woman’s short sleeve shirt constructed from 60% cotton, 40% polyester knit fabric which measures more than 10 stitches per centimeter counted in both the horizontal and vertical directions. The garment has a rib knit collar; a three button partial front opening; short hemmed sleeves; and a hemmed bottom with side slits.

Style 99030 is a woman’s sleeveless shirt constructed from 60% cotton, 40% polyester knit fabric which measures more than 10 stitches per linear centimeter counted in both the horizontal and vertical directions. The shirt has a rib knit collar; a six button partial front opening; and a hemmed bottom with side slits.

Style 90034 is a woman pullover constructed from 60% cotton, 40% finely knit fabric which measures more than 9 stitches per 2 centimeters in the horizontal direction. The garment has a rounded neckline without a collar; short hemmed sleeves; and a hemmed bottom with side slits. The garment also has appliques and embroidery at the chest.

Style 90024 is a woman's knitted pull-on shorts composed of 60% cotton, 40% polyester knit fabric. The shorts have an enclosed elasticized waistband; and a hemmed bottom.

Style 990026/990035 is a woman's pair of pull on pants composed of 60% cotton, 40% polyester knit fabric. The pants have an enclosed elasticized waistband; side seam pockets; and a hemmed bottom.

You described the manufacturing operations for the five samples as follows: The fabric is knitted in Taiwan or another Asian country and shipped to Israel, where all the components that become the garment parts are cut from the fabric. In China the garments are assembled and finished.

ISSUE:

What are the classification and country of origin of the five samples?

CLASSIFICATION:

The applicable subheading for styles 990028 and 990030 will be 6106.10.0010, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for women’s blouses and shirts, knitted, of cotton. The rate of duty will be 20.4 percent ad valorem.

The applicable subheading for style 990034 will be 6110.20.2075, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for sweaters, pullovers...and similar articles, knitted, of cotton, other, women’s or girls’. The rate of duty will be 18.6 percent ad valorem.

The applicable subheading for style 990024 will be 6104.62.2030, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for women’s...shorts, knitted, of cotton. The rate of duty will be 15.8 percent ad valorem.

The applicable subheading for style 990026/990035 will be 6104.62.2011, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for women’s... trousers, knitted, of cotton, other. The rate of duty will be 15.8 ad valorem.

Styles 990028, 990030, and 990034 fall within textile category designation 339. Styles 990024 and 990026/990035 fall within textile category designation 348.

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.

EXCEPTION FOR UNITED STATES?ISRAEL FREE TRADE AGREEMENT:

You have stated that the knitted fabric is cut into garment parts in Israel. Section 334(b)(5) of the Uruguay Round Agreements Act provides that: This section shall not affect, for purposes of the customs laws and administration of quantitative restrictions, the status of goods that, under rulings and administrative practices in effect immediately before the enactment of this Act, would have originated in, or been the growth, product or manufacture of, a country that is a party to an agreement with the United States establishing a free trade area, which entered into force before January 1, 1987. For such purposes, such rulings and administrative practices that were applied, immediately before the enactment of this Act, to determine the origin of textile and apparel products covered by such agreement shall continue to apply after the enactment of this Act, and on and after the effective date described in subsection(c), unless such rulings and practices are modified by the mutual consent of the parties to the agreement.

Israel is the only country which qualifies under the terms of Section 334(b)(5). As the Section 334 rules of origin for textiles and apparel products do not apply to Israel, we refer to the 19 C.F.R. §12.130 rules of origin, the rules of origin applicable to textiles and textile products before the enactment of Section 334. Section 334(b)(5) makes clear that if country of origin was conferred in Israel under Section 12.130, Israel will now be accorded the same treatment. This interpretation of Section 334(b)(5) was confirmed in a Notice of a general statement of policy, Treasury Decision 96?58, appearing in the Federal Register, Vol. 61, No. 148, dated July 31, 1996.

Accordingly, applying Section 12.130(b), the standard of substantial transformation governs the country of origin determination where textiles and textile products are processed in more than one country. The country of origin of textile products is deemed to be that foreign territory or country where the articles last underwent a substantial transformation. Substantial transformation is said to occur when the article has been transformed into a new and different article of commerce by means of substantial manufacturing or processing.

Section 12.130(d) sets forth criteria for determining whether a substantial transformation of a textile product has taken place. These criteria are not exhaustive; one or any combination of criteria may be determinative, and additional factors may be considered. Section 12.130(d)(1) states that a new and different article of commerce will usually result from a manufacturing or processing operation if there is a change in: (i) Commercial designation or identity,
(ii) Fundamental character, or
(iii) Commercial use.

Section 12.130(d)(2) states that for determining whether the merchandise has been subjected to substantial manufacturing or processing operations, the following will be considered: (i) The physical change in the material or article; (ii) The time involved in the manufacturing or processing; (iii) The complexity of the manufacturing or processing; (iv) The level or degree of skill and/or technology required in the manufacturing or processing operations; (v) The value added to the article or material.

Section 12.130(e)(1) states, in pertinent part, that an article will usually be a product of a particular country when it has undergone in that country: (iv) Cutting of the fabric into parts and the assembly of these parts into the completed article; or (v) Substantial assembly by sewing and/or tailoring of all cut pieces of apparel articles which were cut from the fabric in another country into a component garment. (e.g., the complete assembly and tailoring of all cut pieces of a suit?type jacket, suit or a shirt).

Customs has consistently held that the cutting of fabric into garment parts is a substantial transformation of the fabric and that those garment parts become the product of the country in which they are cut. It is also the consistently held position of Customs that when garment parts are cut in one country but the garment in assembled in another country, unless the assembly operation is a substantial assembly such as that referred to in Section 12.130(e)(1)(v), the country or origin remains the country in which the garment parts are cut. See, for example, HRL 088235 dated March 15, 1991, and the rulings which are cited in that ruling.

Since, in this case fabric is cut into garment parts in Israel, Israel is the country of origin of all five styles of imported apparel. This is because in Israel the knitted fabric is substantially transformed into garment parts which are designated for particular articles of apparel, thereby creating a new and different article of commerce. The mere assembly of goods on the other hand, is not enough to substantially transform the components of an article into a new and different article of commerce.

"IMPORTED DIRECTLY" FROM ISRAEL:

Under General Note 8, Harmonized Tariff Schedule of the United States (HTS), products of Israel are eligible, when imported into the United States, for the "special" duty rate set forth in the tariff schedule only if each article is imported directly from Israel into the customs territory of the United States (General Note 8(b)(ii)). Since all five styles which are the subject of this ruling are shipped from Israel to China for final assembly of their component parts into the finished garments, then exported to the U.S. directly from China, these styles do not qualify for the "special" duty rate.

HOLDING:

The country of origin for all five garments is Israel. Based upon international textile trade agreements products of Israel are not subject to quota nor the requirement of a visa. The five styles are not eligible for the "special" duty rate because they are not imported directly from Israel.

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 C.F.R. §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 C.F.R. §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 C.F.R. §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 Angela De Gaetano at 212?637?7029.

Sincerely,

Robert B. Swierupski
Director,

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