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NY F88222




October 16, 2000

CLA2-61-RR:NC:N3 359 F88222

CATEGORY: CLASSIFICATION

Mr. Edward Heng
Group Logistics Manager
Ghim Li Fashion Co. Pte., Ltd.
No. 7 Kampong Kayu Road
Singapore 438162

RE: Classification and country of origin determination for a woman’s knitted pullover with a hood; 19 CFR 102.21(c)(4)

Dear Mr. Heng:

This is in reply to your letter dated May 26, 2000, requesting a classification and country of origin determination for a woman’s knitted pullover with a hood which will be imported into the United States. Your sample garment and the sample component panels are returned as requested.

FACTS:

The subject merchandise consists of a woman’s knitted pullover with a hood. Style No. 38525 consists of a man-made fiber, woman’s knitted pullover with a hood, long sleeves and a partial zippered opening in front. There is also a pouch pocket at the front with a zippered top closure. There is a strip of knitted capping on each sleeve end and on the bottom of the garment. The fabric of the pullover has more than nine stitches per two centimeters, measured in the direction in which the stitches were formed. It is also napped on both of its sides.

You also submitted two packages of the cut component panels for the pullover. The packages consists of these items:

Package A-

Back panel

Front panel, top section

Front panel, bottom section
two sleeve panels
two panels for the hood
two strips of fabric to act as facings at the edges of the hood
one panel for the front pouch pocket
two zippers with fabric taping

Package B-
two sleeve panels, each of which has a narrow strip of fabric (capping) sewn at what will be the sleeve end
pouch pocket sewn to bottom front panel and zipper with taping sewn to pocket
two hood panels sewn together
hood sewn to front top panel and back panel; front top panel and back panel sewn at the shoulders
front zipper sewn to combined panels representing front top, back and hood
bottom front panel sewn to combined panels representing front top, back and hood

The manufacturing operations for the woman’s knitted pullover are as follows:

You designate the multi-countries involved in the production process as “Country A” and “Country B”. For the purpose of this ruling we assume that such designations refer neither to Israel nor to a NAFTA country.

You propose three production plans for your merchandise. In all three plans you state that the fabric is produced in Taiwan.

Production Plan I

Country A
patterns are designed and marked
front top and bottom panels are joined
capping sewn on sleeve ends
sleeves sewn to body panels
side seams sewn, joining front and back panels

Country B
piece goods cut into component panels
panels of hood sewn
zipper sewn to pouch pocket and pouch pocket sewn to front panel
hood sewn to front top panel and back panel; shoulder seams joined at top front and back panels
front zipper sewn joining hood and front top panel

Production Plan II

Country A
patterns are designed and marked
capping sewn at sleeve ends
sleeves sewn to body
side seams sewn joining front and back panels

Country B
piece goods are cut into component panels
panels on hood are sewn
zipper sewn to pouch pocket and pouch pocket sewn to front bottom panel
hood sewn to front top and back panels; shoulder seams are joined at top front and back panels
front zipper sewn to front top panel and hood
front top and bottom panels joined

Production Plan III

Country A
patterns are designed and marked

- front top and bottom panels are joined

- capping sewn to sleeve ends

- sleeves sewn to front and back panel

- side seams sewn joining front and back panels

Country B
piece goods are cut into component panels
panels on hood are sewn
zipper sewn to pouch pocket and pouch pocket sewn to front bottom panel
hood sewn to front top panel and back panel; shoulder seams joined at top front and back panel
front zipper sewn joining hood and front top panel

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the woman’s knitted pullover will be 6110.30.3055, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for sweaters, pullovers, sweatshirts, waist coats (vests) and similar articles, knitted or crocheted: of man-made fibers: other, other, other, other, other: women’s or girls’ . The rate of duty will be 32.9% ad valorem.

The woman’s knitted pullover falls within textile category designation 639. 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

6110.30.3055 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

Section 102.21(e) states that the good, if not considered knit to shape and if consisting of two or more component parts, must be assembled in a single country. Accordingly, as the pullover is assembled in more than one country, it does not meet the tariff shift rule and therefore, 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; or

(ii) Except for goods of heading 5609, 5807, 5811, 6213, 6214, 6301 through 6306, and 6308, and subheadings 6209.20.5040, 6307.10, 6307.90, and 9404.90, if the good was not knit to shape and the good was wholly assembled in a single country, territory, or insular possession, the country of origin of the good is the country, territory, or insular possession in which the good was wholly assembled.

As the subject merchandise is neither knit to shape, nor wholly assembled in a single country, Section 102.21 (c)(3) is inapplicable.

Section 102.21 (c)(4) states, "Where the country of origin of a textile or apparel product cannot be determined under paragraph (c)(1), (2) or (3) of this section, the country of origin of the good is the single country, territory or insular possession in which the most important assembly or manufacturing process occurred".

In the case of the subject merchandise, the following operations in Production Plan I, create the essential garment and therefore, they constitute the most important assembly processes. These operations are the sewing together of the hood panels; the sewing of the zipper to the pouch pocket and the sewing of the pouch pocket to the front panel; the sewing of the hood to the front top panel and the back panel; the sewing together of the shoulder seams at the top front and the back panels; and the sewing of the front zipper joining the hood and the front top panel; all of which occur under Production Plan I in Country B. Accordingly, the country of origin of the woman’s knitted pullover is Country B, for Production Plan I.

In the case of the subject merchandise, the following operations in Production Plan II, create the essential garment and therefore, they constitute the most important assembly processes. These operations are the sewing together of the hood panels; the sewing of the zipper to the pouch pocket and the sewing of the pouch pocket to the front bottom panel; the sewing of the hood to the front top and back panels; the sewing of the shoulder seams to the top front and the back panels; the sewing of the front zipper to the front top panel and the hood; and the joining of the front top and the bottom panels, all of which occur in Country B. Accordingly, the country of origin of the woman’s knitted pullover is Country B, for Production Plan II.

In the case of the subject merchandise, the following operations in Production Plan III, create the essential garment and therefore, they constitute the most important assembly processes. These operations are the sewing together of the hood panels; the sewing of the zipper to the pouch pocket and the sewing of the pouch pocket to the front bottom panel; the sewing of hood to the front top panel and the back panel; the joining of the shoulder seams at the top front and the back panels; and the sewing of the front zipper joining the hood together with the front top panel, all of which occur in country B. Accordingly, the country of origin of the woman’s knitted pullover is Country B, for Production Plan III.

HOLDING:

The country of origin of the woman’s knitted pullover, Style No. 38525 is Country B, for Production Plan I, II, and III. Based upon international textile trade agreements products of Country B maybe 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 Mike Crowley at 212-637-7077.

Sincerely,

Robert B. Swierupski
Director,

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