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NY F83133





April 11, 2000

CLA2-61:RR:NC:TA:359 F83133

CATEGORY: CLASSIFICATION

Mr. William Ortiz
Stile Associates Ltd.
153-66 Rockaway Blvd.
Jamaica, NY 11434

RE: Classification and country of origin determination for women’s knitwear; 19 CFR 102.21(c)(3)

Dear Mr. Ortiz:

This is in reply to your letter dated February 17, 2000, and a follow up submission with component panels dated March 31,2000, submitted on behalf of your client, Crystal Kobe, Ltd., New York City, requesting a classification and country of origin determination for women’s knitwear which will be imported into the United States.

FACTS:

The subject merchandise consists of three samples of women’s knitwear, along with their component panels. All samples and panels are returned as you requested.

Style No. 5843 is a woman’s knitted turtleneck pullover which has long full-fashioned, raglan sleeves. The fiber content is 100% cotton. The fabric of the pullover is constructed in a 3x3 rib knit pattern which has more than nine stitches per two centimeters, measured in the direction in which the stitches were formed.

Style No. 36070 is a woman’s knitted turtleneck pullover which has long sleeves. The fiber content is 55% acrylic, 45% cotton. The 2x2 rib knit fabric of the pullover has more than nine stitches per two centimeters, measured in the direction in which the stitches were formed.

Style No. 33477 is a woman’s knitted long sleeved, cardigan sweater which has a johnny collar and a full-front, zippered opening. The fiber content is 80% lambswool, 20% nylon. The fabric of the sweater has less than nine stitches per two centimeters, measured in the direction in which the stitches were formed.

The component panels for each of the three styles which you submitted have the following characteristics:

For Style No. 5843

Back and Front Panels self-start bottom self-finished sides armholes contoured to shape during the knitting process neckline in characteristic tunnel shape which is finished at the top by chain stitching
Two Sleeve Panels self-start ends self-finished sides contoured to shape at the armhole joining during the knitting process tops of sleeves finished with chain stitching One Turtleneck Panel

For Style No. 36070

Front and Back Panels self-start bottoms self-finished sides armholes contoured to shape during the knitting process necklines contoured to shape during the knitting process Two Sleeve Panels self-start bottoms self-finished sides contoured to shape at the armhole joinings during the knitting process One Turtleneck Panel

For Style No. 33477

Back Panel self-start tubular bottom self-finished sides armholes contoured to shape during the knitting process neckline contoured to shape during the knitting process Two Front Panels self-start tubular bottoms self-finished sides armholes and necklines contoured to shape during the knitting process Two Sleeve Panels self-start tubular endings self-finished sides contoured to shape at the armhole joinings during the knitting process tops of sleeves finished with chain stitching. Collar Panels

The manufacturing operations for the three samples of women’s knitwear are as follows: the yarn which originates in China is sent to Mexico in Mexico the “panels, sleeves and collars” are knit to shape the panels are returned to China where they are assembled by looping final finishing also occurs in China

For the purpose of determining the country of origin of the samples, we note that all of the major component panels (the “major parts”) are considered to be knit to shape.

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the pullover, Style No. 5843, will be 6110.20.2075, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for sweaters, pulloversand similar articles, knitted or crocheted, of cotton, other, other, other, women’s. The rate of duty will be 18.2% ad valorem.

The applicable subheading for the pullover, Style No. 36070, will be 6110.30.3055, which provides for sweaters, pulloversand similar articles, knitted or crocheted, of man-made fibers: other, other, other, other, other, women’s. The duty rate will be 32.9% ad valorem.

The applicable subheading for the cardigan sweater, Style No. 33477 will be 6110.10.2030, which provides for sweaterand similar articles, knitted or crocheted, of wool or fine animal hair, other, sweaters, women’s. The duty rate will be 16.4% ad valorem.

The pullover, style 5843, falls within textile category designation 339. The pullover, style 36070, falls in category 639. The sweater, style 33477, falls in category 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

6110.20.2075 If the good is knit to shape, a change to heading 6101 through 6110.30.3055 6117 from any heading outside that group, provided that the 6110.10.2030 knit-to-shape components are knit in a single country, territory or insular possession

Section 102.21(e) states that the tariff change from the component panels to the completed garment must occur outside the designated tariff heading group, 6101 through 6117; however, in the case of all three samples under consideration, the required change occurs from headings inside the group. Accordingly, as the required tariff shift does not take place, 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, namely Mexico, Section 102.21(c)(3) applies.

HOLDING:

The country of origin of the three submitted samples, Styles 5843, 36070 and 33477, is Mexico. Based upon international textile trade agreements products of Mexico (categories 339 and 639) are subject to quota and the requirement of a visa. Products in category 446 are not subject to quota nor 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 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 Mike Crowley at 212-637-7077.

Sincerely,

Robert B. Swierupski
Director,

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