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April 16, 1999

CLA?2-RR:NC:TA:N3:356 D89296

CATEGORY: CLASSIFICATION

Mr. John B. Pellegrini
Ross & Hardies
65 East 55th Street
New York, New York 10022-3219

RE: Classification and country of origin determination for men’s knit garments; 19 CFR 102.21(c)(3)

Dear Mr. Pellegrini:

This is in reply to your letter dated March 17, 1999, on behalf of Saks and Company, requesting a classification and country of origin determination for three styles of men’s knit garments which will be imported into the United States. As requested, your samples will be returned.

FACTS:

Style 102D60 is a men’s pullover garment constructed from 100 percent cashmere, jersey knit fabric which measures 12 stitches per two centimeters counted in the horizontal direction. The garment features a rib knit mock turtleneck; long sleeves with rib knit cuffs; and a rib knit bottom.

Style 001D63 is a men’s sweater vest constructed from 100 percent cashmere, jersey knit fabric which measures 9 stitches per two centimeters counted in the horizontal direction. The garment features a V-neckline; oversized armholes; and a rib knit bottom. The neckline and the armholes are finished with rib knit edging.

Style 001D66 is a men’s cardigan style sweater constructed from 100 percent cashmere, jersey knit fabric which measures 9 stitches per two centimeters counted in the horizontal direction. The garment has a full front opening with five button closures; a V-neckline; long sleeves with rib knit cuffs; two inset pockets below the waist; rib knit edging at the neckline, pocket openings, and placket; and a rib knit bottom.

You have provided diagrams of the garment parts as they will be knit and samples of the finished garments as they will be imported into the United States.

Style 102D60 consists of a front panel with a self start bottom, self finished sides, and full fashion marks at the armholes. The back panel has a self start bottom, self finished sides, full fashion marks at the armholes, and full fashion marks shaping the shoulder slope. The sleeve panels have self start cuffs, self finished sides, and full fashion marks at the armholes. The mock turtle neckband is knit to the width and length used in the garment. There are no lines of demarcation at the front or rear necklines.

Style 001D63 consists of a front panel with a self start bottom, self finished sides, and full fashion marks at the armholes. The upper portion of the panel has a clear and continuous V-shaped line of demarcation which is formed by “eyelet holes” which are one stitch in size and spaced at intervals of approximately one inch. The back panel has a self start bottom, self finished sides, full fashion marks at the armholes, and full fashion marks shaping the shoulder slope. The rib knit edging is knit to the width used in the neckband and armhole edgings. There are no lines of demarcation at the rear neckline.

Style 001D66 consists of left and right front panels with self start bottoms, self finished sides, full fashion marks at the armholes, and full fashion marks at the V-neckline. The back panel has a self start bottom, self finished sides, and full fashion marks at the armholes. The sleeve panels have self start cuffs, self finished sides, and full fashion marks at the armholes. The placket and the pockets are knit to the length and width used in the garment. There are no lines of demarcation at the rear neckline.

You have stated that, other than cutting the front necklines on Styles 102D60 and 001D63, no other cutting or trimming will be performed on the garments. You have also stated that the shaping of the neckline on the back panels is achieved without cutting during the linking of the neckband to the body of the garment.

For each garment, the following manufacturing operations will occur:

NETHERLANDS:

- all components, consisting of the front panels, the back panels, the sleeve panels, the rib knit edging, and the pockets are knit

UNITED KINGDOM:

- the neckline of Style 102D60 is cut to shape and the V-neckline of Style 001D63 is cut along the clearly visible line of demarcation

- the components of each garment are linked together to form the completed garment

- the button holes are made, the buttons and labels are sewn

- the garments are washed, finished, folded and packed for exportation

ISSUE:

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

CLASSIFICATION:

The applicable subheading for Style 102D60 will be 6110.10.1050, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of wool or fine animal hair: wholly of cashmere: other: men’s or boys’. The rate of duty will be 5.8 percent ad valorem.

The applicable subheading for Styles 001D63 and 001D66 will be 6110.10.1010, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of wool or fine animal hair: wholly of cashmere: sweaters: men’s or boys’. The rate of duty will be 5.8 percent ad valorem.

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: "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) 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

6101-6117 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.

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.

Styles 001D63 and 001D66 are classifiable as men’s knit sweaters in heading 6110, HTSUSA and Style 102D60 is classifiable as a men’s knit pullover in heading 6110, HTSUSA. Section 102.21 (e) requires a tariff shift to headings 6101 through 6117 from any heading outside that group. In this case, a tariff shift to heading 6110, HTSUSA, occurs in the United Kingdom, but from components that are classifiable in heading 6117, HTSUSA. As heading 6117, HTSUSA, is excepted by Section 102.21 (c)(2), the tariff shift is not applicable.

Section 102.21(c)(3) applies where the country of origin of a textile or apparel product cannot be determined under paragraph (c)(1) or (2) and where the merchandise consists of either a good that was knit to shape or (with the exception for goods of certain specifically enumerated headings), was wholly assembled in a single country, territory, or insular possession.

Section 102.21 (c)(3)(i) provides the following:

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; ...

Section 102.21 (b) states that:

(3) KNIT TO SHAPE: The term “knit to shape” applies to any good of which 50 percent or more of the exterior surface area is formed by major parts that have been knitted or crocheted directly to the shape used in the good, with no consideration being given to patch pockets, appliques, or the like. Minor cutting, trimming, or sewing of those major parts will not affect the determination of whether a good is “knit to shape”.

(4) MAJOR PARTS: The term “major parts” means integral components of a good but does not include collars, cuffs, waistbands, plackets, pockets, linings, paddings, trim, accessories, or similar parts.

In the case of the subject garments, the front panels, the back panels, and the sleeve panels are major parts which have been knit to the shape used in the good. The cutting of the neckline on Style 102D60 and the cutting of the V-neckline along clear and continuous lines of demarcation on Style 001D63 do not affect the status of the panels as knit to shape. Therefore, the subject garments are considered “knit to shape” as the term is defined above.

Accordingly, Section 102.21 (c)(3)(i) is applicable to the subject merchandise. The back panel, the front panels, and the sleeve panels are all knit to shape in the Netherlands. Thus, the country of origin for Styles 102D60, 001D63 and 001D66 is the Netherlands, the single country where the panels are knit to shape.

HOLDING:

The country of origin of Styles 102D60, 001D63, and 001D66 is the Netherlands. Based upon international textile trade agreements, products of the Netherlands are not subject quota or visa requirements.

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 Mary Ryan at 212-637-7081.

Sincerely,

Robert B. Swierupski
Director,
National Commodity

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