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NY G82697





December 4, 2000

CLA2-RR:NC:TA:N3:356 G82697

CATEGORY: CLASSIFICATION

Mr. John M. Peterson
Ms. Maria E. Celis
Neville, Peterson & Williams
80 Broad Street - 34th Floor
New York, New York 10004

RE: Classification and country of origin determination for a man’s knit garment; 19 CFR 102.21(c)(3)

Dear Mr. Peterson and Ms. Celis:

This is in reply to a letter dated September 21, 2000, on behalf of Superb International Co., Ltd., Taipei, Taiwan, requesting a classification and country of origin determination for a man’s knit sweater which will be imported into the United States. You state that the countries of production will be Japan and China. As requested, your samples will be returned.

FACTS:

The submitted sample is a man’s sweater constructed from 100 percent wool, jersey knit fabric that measures 6 stitches per two centimeters counted in the horizontal direction. The garment has a rib knit neckband; a partial front opening with two button closures; long sleeves with rib knit cuffs; and a rib knit bottom.

You have submitted samples of the garment parts as they are knit in Japan; a sample of the garment as it is assembled and screen printed 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 placket sections, and the collar band.

The front panel has a rib knit self-start bottom, self-finished sides, and self-finished armholes with full fashion marks in the underarm area. The upper, center portion of the front panel has a single, vertical line of dropped stitches that serves as a line of demarcation for attaching and assembling the placket. There are two equidistant marker holes on either side of the vertical line of dropped stitches that serve as guides for placement of the neckband.

The back panel has a rib knit self-start bottom, self-finished sides, and self-finished armholes with full fashion marks in the underarm area. There are two equidistant marker holes where the shoulders and the neckline meet that serve as guides for attaching the neckband.

The sleeve panels have rib knit self-start cuffs and self finished sides. The sleeve panel has no line of demarcation at the armhole and requires cutting to shape the panel.

The manufacturing operations are as follows:

JAPAN:
The front panel is knit to shape with a vertical line of demarcation at the neck. The back panel is knit to shape.
The right and left sleeve panels are knit. The neckband is knit.

CHINA:
The front and back panels and the sleeves are attached at the shoulders and at the armholes. The component pieces are subjected to a “print with dye” screen print process. The front neckline is cut and the placket is assembled. The collar is assembled to the body of the garment. The sleeve seams and the side seams are closed.

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the sweater will be 6110.10.2010, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for sweaters, pullovers, ... and similar articles, knitted or crocheted: of wool or fine animal hair: sweaters: men’s or boys’. The rate of duty will be 16.4 percent ad valorem. The garment falls within textile category designation 445.

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: "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) 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

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.

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.

The subject merchandise is classifiable as a men’s knit sweater in heading 6110, HTSUS. Section 102.21 (e) requires a tariff shift to headings 6101 through 6117 from any heading outside that group. In this case, a tariff shift to heading 6110, HTSUS, occurs in China, but from components that are classifiable in heading 6117, HTSUS. As heading 6117, HTSUS, is excepted by Section 102.21 (c)(2), the tariff shift is not applicable.

Section 102.21(c)(3) applies where the country of origin of a textile or apparel product cannot be determined under paragraph (c)(1) or (2) and where the merchandise consists of either a good that was knit to shape or (with the exception for goods of certain specifically enumerated headings), was wholly assembled in a single country, territory, or insular possession.

Section 102.21 (c)(3)(i) provides the following:

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; ...

Section 102.21 (b) states that:

(3) KNIT TO SHAPE: The term “knit to shape” applies to any good of which 50 percent or more of the exterior surface area is formed by major parts that have been knitted or crocheted directly to the shape used in the good, with no consideration being given to patch pockets, appliques, or the like. Minor cutting, trimming, or sewing of those major parts will not affect the determination of whether a good is “knit to shape”.

(4) MAJOR PARTS: The term “major parts” means integral components of a good but does not include collars, cuffs, waistbands, plackets, pockets, linings, paddings, trim, accessories, or similar parts.

In the case of the subject garment, the front and back panels have been knit directly to the shape used in the good. The vertical line of demarcation at the neckline of the front panel and the subsequent assembly of the collar and placket do not affect the status of the front panel as “knit to shape” because of the shaped and finished construction of the bottom, sides, and armholes. See Headquarters ruling 961981 JB of September 3, 1998. The sleeve panels require cutting to shape the armhole area and are not considered knit to shape. Nevertheless, the front and back panels are major parts that are knit to shape and they comprise approximately 63% of the exterior surface area of the garment. Consequently, the subject garment is considered “knit to shape” as the term is defined above.

Accordingly, Section 102.21 (c)(3)(i) is applicable to the subject merchandise. The country of origin for the garment is Japan, the single country where the garment is knit to shape.

HOLDING:

The country of origin of the subject garment is Japan. Based upon international textile trade agreements, products of Japan are subject to visa requirements.

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 sections 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 212-637-7081.

Sincerely,

Robert B. Swierupski
Director,

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