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NY E85067




August 20, 1999

CLA?2-RR:NC:TA:356 E85067

CATEGORY: CLASSIFICATION

Mr. Mark Duffield
Paul Smith Ltd.
Riverside Building
Riverside Way
Nottingham
NG2 1DP
England

RE: Classification and country of origin determination for men’s knit garments; 19 CFR 102.21(c)(2); tariff shift

Dear Mr. Duffield:

This is in reply to your letter dated July 19, 1999, requesting a classification and country of origin determination for two knit garments that will be imported into the United States.

FACTS:

Style JMXT/3021/P1207 is a men’s pullover garment constructed from 100 percent cotton, finely knit fabric. The garment has a partial front opening without a closure; a self-fabric spread collar; short, hemmed sleeves; a screen printed design on the center chest; a screen printed logo on the left sleeve; and a hemmed bottom.

Style JMXT/2961/P1209 is a men’s pullover garment constructed from 100 percent cotton, finely knit fabric. The garment has a wide, loose fitting body and features a rib knit crew neckline; short, hemmed sleeves; a screen printed design on the center chest; and a hemmed bottom.

You state that you will import other garments similar in style to the above garments with either crew or V-necklines as Styles:

JOPJ/4357/P1701 JOXT/2961/P1716 JOXT/2961/P1779 JOPJ/4357/P1707 JOXT/2961/P1718 JOXT/3015/P1720 JOPJ/4358/P1699 JOXT/2961/P1719
JOPJ/4358/P1700 JOXT/2961/P1740 JOXT/2961/P1759 JORJ/3773/P1693 JOXT/2961/P1777
JORJ/3773/P1695 JOXT/2961/P1778

The manufacturing processes are as follows:

CHINA or HONG KONG:
- The knit fabric is cut and sewn into finished garments

ENGLAND:
- The garment is screen printed with various designs

ISSUE:

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

CLASSIFICATION:

The applicable subheading for Styles JMXT/3021/P1207, JMXT/2961/P1209, JOPJ/4357/P1701, JOPJ/4357/P1707, JOPJ/4358/P1699, JOPJ/4358/P1700, JORJ/3773/P1693, JORJ 3773/P1695, JOXT/2961/P1716, JOXT/2961/P1718, JOXT/2961/P1719, JOXT/2961/P1740, JOXT/2961/P1759, JOXT/2961/P1777, JOXT/2961/P1778, JOXT/2961/P1779, and JOXT/3015/ P1720, will be 6110.20.2065, Harmonized Tariff Schedule of the United States (HTS), which provides for: sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of cotton: other: other: other: men’s or boys’. The duty rate will be 18.6 percent ad valorem.

The above styles all fall within textile category designa- tion 338. The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.USTREAS.GOV. In addition, 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 and should also be verified at the time of shipment.

As requested, your samples are being returned.

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

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.

Insert language that explains how the specific requirements of the tariff shift rule have been met, and insert the name of the country: As the garment is wholly assembled in a single country, that is, either China or Hong Kong, as per the terms of the tariff shift requirement, country of origin is conferred in either China or Hong Kong.

HOLDING:

The country of origin of the garment is either China or Hong Kong. Based upon international textile trade agreements, products of China and Hong Kong are subject to visa requirements and quota restraints.

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 CAR 177). Should it be subsequently determined that the information furnished is not complete and does not comply with 19 CAR 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 CAR 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,

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