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NY F88537




July 17, 2000

CLA2-RR:NC: TA:N3:356 F88537

CATEGORY: CLASSIFICATION

Mr. Steven Chang
H& P Apparel, Inc.
130 West 28th Street
New York, NY 10001

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

Dear Mr. Chang:

This is in reply to your letter dated June 16, 2000, requesting a classification and country of origin determination for a man’s knit garment which will be imported into the United States. As requested, your samples will be returned.

FACTS:

The submitted sample, Style 8276, is a man’s sweatshirt constructed from 80 percent cotton, 20 percent polyester, finely knit fabric which is napped on the inside surface. The fabric measures more than 9 stitches per 2 centimeters counted in the horizontal direction. Style 8276 has a rib knit crew neckline; long sleeves with rib knit cuffs and a rib knit bottom. There is a large logo embroidered on the chest.

You state that the fabric is made in China; the component parts are cut in China; the front panel is embroidered in China; and the cut parts are sent to St. Lucia where they are assembled into the finished garment. You have provided samples of the garment parts after the completion of the production steps in China and a sample of the finished garment as it will be imported into the United States. The garment parts include the front and back panels, the left and right sleeves, the sleeve cuffs, the waistband and the neckband.

The manufacturing operations for Style 8276 are as follows:

CHINA:
-the fabric is knit
-the knit fabric is cut into component parts -the front panel is embroidered

ST. LUCIA:
-the front and back panels are joined at the shoulders -the neckband is attached
-the sleeves are attached
-the side seams are closed
-the sleeve seams are closed
-the cuffs are sewn to the sleeves
-the waist band is sewn to the bottom of the garment

ISSUE:

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

CLASSIFICATION:

The applicable subheading for Style 8276 will be 6110.20.2040, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of cotton: other: other: sweatshirts: men’s or boys’. The rate of duty will be 18.2 percent ad valorem.

Style 8276 falls 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.

Paragraph (b) (6) defines “wholly assembled” as:

The term “wholly assembled” when used with reference to a good means that all components, of which there must be at least two, preexisted in essentially the same condition as found in the finished good and were combined to form the finished good in a single country, territory, or insular possession. Minor attachments and minor embellishments (for example, appliques, beads, spangles, embroidery, buttons) not appreciably affecting the identity of the good, and minor subassemblies (for example, collar, cuffs, plackets, pockets) will not affect the status of a good as “wholly assembled” in a single country, territory, or insular possession.

As the garment is not knit to shape and consists of two or more parts, and as the embroidery performed in China is considered a minor embellishment, the sweatshirt is considered “wholly assembled” in a single country, that is St. Lucia. As per the terms of the tariff shift requirement, country of origin is conferred in St. Lucia.

HOLDING:

The country of origin of Style 8276 is St. Lucia. Based upon international textile trade agreements products of St. Lucia are not presently 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 212-637-6071.

Sincerely,

Robert B. Swierupski
Director,

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