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NY F81691





January 31, 2000

CLA2-61:RR:NC:TA:359 F81691

CATEGORY: CLASSIFICATION

Mr. Anthony A. Tonucci
Grunfeld, Desiderio, Lebowitz and Silverman LP 245 Park Avenue, 33rd Floor
New York, NY 10167-3397

RE: Classification and country of origin determination for a woman’s knitted pullover sweater; 19 CFR 102.21(c)(3)

Dear Mr. Tonucci:

This is in reply to your letter dated January 7, 2000, on behalf of Mast Industries, Inc., requesting a classification and country of origin determination for a woman’s knitted pullover sweater which will be imported into the United States.

FACTS:

The subject merchandise consists of a sample of a woman’s knitted sweater and samples of its component panels. All the samples are returned as requested.

The sample, Style 2348, is a woman’s knitted pullover sweater with long sleeves and a turtleneck. The fiber content of the garment is 80% lambswool, 20% nylon. Its fabric has nine or fewer stitches per two centimeters, measured in the direction in which the stitches were formed. The sweater extends from the wearer’s neck and shoulders to the top of her hips.

The component panels consist of the following:

Front and Back Panels – a) self-start bottoms; b) self-finished sides; c) armhole openings contoured to shape during the knitting process; d) necklines contoured to shape during the knitting process.

Sleeve Panels – a) self-start ends; b) self-finished sides; c) armholes contoured to shape during the knitting process.

For the purpose of determining the country of origin of the sample sweater, all four major panels are considered to be knit to shape.

The manufacturing operations for the pullover sweater are as follows:

- all four panels are knit to shape in Thailand; - all four panels are linked together in China to form the finished sweater.

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the sweater will be 6110.10.2030, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for sweaters, knitted or crocheted, of wool or fine animal hair, other women’s. The rate of duty will be 16.4% ad valorem.

The sweater falls within textile category designation 446. 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

6110.10.2030 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

Section 102.21(e) states that the applicable tariff shift, i.e. the change to heading 6101 through 6117, must occur from any heading outside that group. Accordingly, as the tariff shift occurs from a heading within that group, i.e., heading 6117, therefore, the sweater does not meet the tariff requirement, Section 102.21(c)(2) is inapplicable.

Section 102.21(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.

As the subject merchandise is knit to shape in a single country, viz. Thailand, Section 102.21(c)(3) applies.

HOLDING:

The country of origin of the sweater is Thailand. Based upon international textile trade agreements products of Thailand 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 National Import Specialist at 212-637-7077.

Sincerely,

Robert B. Swierupski
Director,

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