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NY F89499




October 10, 2000

CLA2-RR:NC:61:TA 359 F89499

CATEGORY: CLASSIFICATION

Ms. Gail T. Cumins
Sharetts, Paley, Carter and Blauvelt, P.C. 75 Broad Street
New York, NY 10004

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

Dear Ms. Cumins:

This is in reply to your letter dated July 7, 2000, submitted on behalf of your client, Polo Ralph Lauren, Lyndhurst, New Jersey, requesting a classification and country of origin determination for a woman’s knitted sweater which will be imported into the United States.

You submitted a sample of the sweater and samples of the component panels from which the sweater is assembled. These samples are returned as requested.

FACTS:

The subject merchandise consists of a woman’s knitted pullover sweater, Style 37415. The sweater features a crew neckline with a V-shaped insert, a self-fabric hood with a drawstring closure, long sleeves with rib-knit cuffs and a pronounced rib-knit waistband. The sweater extends from the wearer’s neck and shoulders to below her waist. The fabric of the sweater has less than nine stitches per two centimeters, measured in the direction in which the stitches were formed. The fiber content is stated as 100% cashmere.

You also submitted the component panels from which the sweater is assembled. These consist of: two hood panels
two sleeve panels which have self-start ends and self-finished sides; they are contoured to shape during the knitting process in order to fit directly into the armhole openings;
front panel which has a self-start bottom and self-finished sides; although there are no full-fashion marks visible, nonetheless, the area at the armhole openings is contoured to shape during the knitting process; at the neckline there is a change in the knitted stitch pattern (v-shaped) resulting in a clear and continuous line of demarcation;
back panel which has a self-start bottom and self-finished sides; the armhole openings are contoured to shape during the knitting process;
neckband panel

V-shaped insert panel

All of the major body panels, i.e. the sleeve panels and the front and the back panels, are considered to be knit to shape for the purpose of determining the country of origin.

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

Hong Kong
all panels are knit

China
all panels are assembled by linking
all seams are flatlock stitched

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the sweater, Style 37415, will be 6110.10.1020, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for sweaters, knitted or crocheted, of wool or fine animal hair; wholly of cashmere, sweaters, women's or’girls'. The rate of duty will be 5.4 percent 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

6110.10.1020 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 good must undergo a tariff shift from a heading outside of the designated grouping (i.e. headings 6101-7117). Accordingly, as the sweater and its component panels are all classified inside of the designated grouping, they fail to meet the tariff shift requirement and therefore, the sweater does not qualify for country of origin determination under this section 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.

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

HOLDING:

The country of origin of the woman’s knitted sweater, Style 37415 is Hong Kong. Based upon international textile trade agreements products of Hong Kong 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 Mike Crowley at 212-637-7077.

Sincerely,

Robert B. Swierupski
Director,

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