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NY E89570




January 20, 2000

CLA2-RR:NC:TA:356 E89570

CATEGORY: CLASSIFICATION

Ms. Beatrice C. Chloe
Shanghai Goldsmart Garment Liaison Office Golden Pool Garden
1261 Nan Quan Road
Pudong, Shanghai
China
Postal Code 200127

RE: Classification and country of origin determination for a boy’s knit pullover garment; 19 CFR 102.21(c)(2); tariff shift

Dear Ms. Chloe:

This is in reply to your letter dated November 8, 1999, requesting a classification and country of origin determination for a boy’s knit garment. You have provided samples of the garment parts as they will be sent from China to Cambodia and Myanmar and a sample of the finished garment as it will be imported into the United States. As requested, your samples will be returned.

FACTS:

The submitted sample is a boy’s pullover garment constructed from 100% cotton, finely knit, heavy weight jersey fabric. The garment will be imported as Style B151071 in sizes S, M, L and XL, corresponding to boy’s sizes 8-16, and as Style W151071 in boy’s sizes 4, 5, 6, 7, and 7X.

The garment has a wide, loose fitting body and features a rib knit, mitered V-neckline; short, hemmed sleeves; a screen printed design across the center front and back panels; an embroidered logo on the left chest; a half-moon at the rear neckline; and a hemmed bottom. You state that, for all colors, the fabric weight after garment wash will be more than 200 grams per square meter.

The manufacturing operations for the garment are as follows:

CHINA:
- 100% cotton yarn will be knit into bolts of jersey fabric - Narrow rib knit fabric for the neckband will be knit into rolls of fabric - The fabric will be cut into component parts (front panel, back panel, sleeves, half-moon, neckband) - The front and back panels will be screen printed - The front panel will be embroidered

CAMBODIA AND MYANMAR:
- The component parts will be completely assembled in each country to form the finished garment (shoulders sewn, half-moon attached, neckband attached, sleeves attached, side seams sewn, sleeve seams sewn, sleeves hemmed, bottom hemmed) - The garment will be washed, pressed and packaged for export

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the boy’s pullover will be 6110.20.2065, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for men’s or boys’ pullovers, . . . , knitted or crocheted, of cotton, men’s or boys’. The rate of duty will be 18.2% ad valorem.

Styles B151071 and W151071 fall within textile category designation 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.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.

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.

As the pullovers are assembled in a single country, that is, either Cambodia or Myanmar, as per the terms of the tariff shift requirement, country of origin is conferred in Cambodia for the goods wholly assembled in Cambodia and Myanmar for the goods wholly assembled in Myanmar.

HOLDING:

Cambodia is the country of origin for the garments wholly assembled in Cambodia and Myanmar is the country of origin for the garments wholly assembled in Myanmar. Based upon international textile trade agreements, products of Cambodia are not presently subject to quota or visa requirements; products of Myanmar 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 section 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,

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