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NY G80342




October 2, 2000

CLA2-61-RR:NC:N3 359 F80342

CATEGORY: CLASSIFICATION

Mr. Michael S. O’Rourke
Rode & Qualey
295 Madison Avenue
New York, NY 10017

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

Dear Mr. O’Rourke:

This is in reply to your letter dated August 7, 2000, on behalf of Creation Industries Ltd., 344-348 Fuk Wing Street, Kowloon, Hong Kong requesting a classification and country of origin determination for a woman’s knitted cardigan which will be imported into the United States. Your sample garment and the sample cut component panels are returned as requested.

FACTS:

The subject merchandise consists of a woman’s knitted cardigan. Style No. E21870958 consists of 99% merino wool and 1% other fiber, woman’s knitted cardigan with long sleeves, a crew neck and a full-front, zippered opening. The cardigan body features six panels, and each of the sleeves consists of two panels. The bottom of the garment and the sleeves are hemmed. It has more than nine stitches per two centimeters, measured in the direction in which the stitches were formed.

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

China

Fabric manufactured and cut into component parts

The zipper is sewn to the center front panel

Princess seams on each front panel are sewn

Hong Kong

Front and back panels are joined at the shoulders and at the rear side seams

The center back seam is sewn

The sleeve panels are sewn together

The sleeves are joined to the body

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the woman’s knitted cardigan will be 6110.10.2080, 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 wool or fine animal hair: other: other: women’s or girls’. The rate of duty will be 16.4% ad valorem.

The woman’s knitted cardigan falls within textile category designation 438. 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

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 cardigan 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, create the essential garment and therefore, they constitute the most important assembly processes. These operations are the joining of the front and back panels at the shoulder and rear side seams; the joining of the back panels at the center rear seam; the joining of the sleeve panels; and the sewing of the sleeve panels to the body panels, all of which occur in Hong Kong. Accordingly, the country of origin of the woman’s knitted cardigan is Hong Kong.

HOLDING:

The country of origin of the woman’s knitted cardigan, Style No. E21870958 is Hong Kong. Based upon international textile trade agreements products of Hong Kong 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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