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March 19, 1999

CLA?2?61:RR:NC:TA:361 D86294

CATEGORY: COUNTRY OF ORIGIN

Mr. Victor Chiang
Manager
Mei Lai Garment Factory Limited
Avenida do Almirante Lacerda, No. 35-37
1o 2o 3o 4o 5o andar “A-B”,
Edificio Wan K’ao
Macau, Asia

RE: Country of origin determination for a woman's knit and woven pullover; 19 CFR 102.21(c)(4); most important assembly or manufacturing process.

Dear Mr. Chiang:

This is in reply to your letter dated December 21, 1998, requesting a country of origin determination for a woman’s knit and woven pullover which will be imported into the United States by Koret of California, Inc.

FACTS:

The subject merchandise is a woman’s knit and woven pullover. The knit portion is constructed from 65% polyester, 35% cotton fabric; the woven portion is made up of multiple pieces (21) of various sized patchwork segments. The knit portion of the pullover inclludes the entire back, the short sleeves, and approximately two-thirds of the front panel. The woven portion is made up of the balance in three horizontal strips on the front panel. The pullover has a rounded capped neckline with picot edging; short hemmed sleeves; and a hemmed bottom with side slits. The manufacturing operations for the pullover is as follows:

CHINA o Fabric is cut into component pieces o Small woven pieces are assembled into three strips o Four knit pieces and three woven strips are assembled into the completed front panel

MACAU o Neckline is trimmed o Front panel, back panel, and sleeves are assembled o Shoulder pads are attached o Garments are ironed and packed

ISSUE:

What is the country of origin of the pullover?

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Section 334 of that Act (codified at 19 U.S.C. 3592) provides new rules of origin for textiles and apparel entered, or withdrawn from warehouse, for consumption, on and after July 1, 1996.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 foreign material 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) 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”: 6101–6117 (1) 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. (2) If the good is not knit to shape and does not consist of two or more component parts, a change to heading 6101 through 6117 from any heading outside that group, except from heading 5007, 5111 through 5113, 5208 through 5212, 5309 through 5311, 5407 through 5408, 5512 through 5516, 5806, 5809 through 5811, 5903, 5906 through 5907, and 6001 through 6002, and subheading 6307.90, and provided that the change is the result of a fabric?making process. (3) 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, territory, or insular possession.

The subject merchandise is classified as a women’s knit pullover in heading 6110, HTSUS. The subject merchandise consists of two or more components and is not knit to shape. As it is not wholly assembled in a single country, the terms of the tariff shift are not met.

Paragraph (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, paragraph (c)(3) is inapplicable.

Paragraph (c)(4) states that, “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 most important assembly operations occur at the time of the attachment of the front panel to the back panel, attachment of the sleeves, attachment of the shoulder pads, and neckline trim, in Macau. Accordingly, the country of origin for the subject merchandise 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 Angela De Gaetano at 212?637?7029.

Sincerely,

Robert B. Swierupski

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