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NY F84692




April 6, 2000

CLA2-RR:NC:TA:351 F84692

CATEGORY: CLASSIFICATION

Ms. Trina Tran
TONALTEX Corporation
18627 Brookhurst Street
Fountain Valley, CA 92708

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

Dear Ms. Tran:

This is in reply to your letter received March 22, 2000, requesting a classification and country of origin determination for knit fabric which will be imported into the United States.

FACTS:

The subject merchandise consists of three styles of knit fleece fabric. They are all of circular looped pile construction, differing in fiber composition and weight per square meter. Samples of the fabrics in the greige state were submitted, and the loops to create the pile are clearly evident. Style HFL008 is made of 85 percent polyester and 15 percent cotton fiber. Styles HFL003 and HFL036 are made of 76 percent polyester, 12 percent rayon and 12 percent cotton fiber. Samples of the finished fabrics display that they are intended to be imported in different colors, keeping the same style number according to their respective knit construction and weight.

The manufacturing operations for the fabric are as follows: 100 percent polyester, 100 percent rayon and 100 percent cotton yarns are spun in Taiwan. The yarns are then shipped to Myanmar to be knit into greige fabrics. The greige fabric is then shipped back to Taiwan for dyeing, brushing into fleece fabrics in different weights and packaging for shipment to the United States.

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the fabrics will be 6001.22.0000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for pile fabrics, knitted or crocheted, looped pile fabrics, of man-made fibers. The rate of duty will be 18.1 percent ad valorem.

The fabrics fall within textile category designation 224. At the present time, there are no quota restraints nor is a visa required for products of Myanmar. 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

6001-6002 A change to heading 6001 through 6002 from any heading outside that group, provided that the change is the result of a fabric making process.

As the fabrics are knit in a single country, that is, Myanmar, as per the terms of the tariff shift requirement, country of origin is conferred in Myanmar.

HOLDING:

The country of origin of the fabrics is Myanmar. Based upon international textile trade agreements products of Myanmar are not subject to quota, nor do they require 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 Camille Ferraro at 212-637-7086.

Sincerely,

Robert B. Swierupski
Director,

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