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NY G89685




June 5, 2001

CLA2-61-RR:NC:TA 359 G89685

CATEGORY: CLASSIFICATION

Ms. Abbie Kwan
Tak Lei Si
Av. Venceslau de Morais 11
12 Andar A & B
Edif. Ind. Kin IP., Macau

RE: Classification and country of origin determination for a woman’s dress which is composed of knitted and woven panels; 19 CFR 102.21(c)(4)

Dear Ms. Kwan:

This is in reply to your letter dated April 20, 2001, requesting a classification and country of origin determination for a woman’s dress which is composed of knitted and woven panels and which will be imported into the United States. Your samples of the dress and of its component panels are returned as requested.

FACTS:

The subject merchandise consists of a woman’s dress which is composed of knitted and woven panels and which is represented by two style numbers – 42458 and 52458. The garment is a woman’s full –length dress which features short sleeves, a curved front neckline and a V-shaped rear neckline. In the center rear of the dress, extending vertically down the wearer’s back for the full length of the knitted fabric, that is, from her neck to below her waist, there is an opening with a zippered closure. Other features of the dress include an inside lining, inside shoulder pads and decorative beads which are distributed randomly throughout the upper front panel. There are three knitted panels (one at the front, two at the rear), which cover the upper torso from the neck to below the waist, and three woven panels (one at the front and two at the rear that are joined by a sewn center seam), which cover the lower torso to the ankles. The knitted fabric panels consist of 90% polyester, 10% spandex, while the woven fabric panels consist of 100% polyester fibers.

You also furnished examples of partially assembled panels shown in various stages of the assembly process. These examples include the lining panels, whether joined to each other or to panels of the outer surface of the dress, and the sleeve panels, assembled with their linings.

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

In Korea
the fabric for the upper panels of the dress is knitted
the fabric for the lower panels of the dress is woven

In China
the fabric of the inside lining is woven
all the knit and woven fabrics are cut into component panels
the lower rear panels are partially sewn
the knit and woven panels of the front are sewn
the knit and woven panels of the rear are sewn
the fabric interlining is sewn to the front and rear upper panels
the lining and the outer panels (the “shells”) for the sleeves are sewn

In Macau
the front and rear panels are sewn at the sides and at the shoulders
the sleeves are sewn at the armholes
the zipper is sewn to the upper rear panel

In China
the outer panels and their linings are sewn at the neckline, the armholes and the rear zipper
the bottoms are hemmed (outer shell and lining)
the shoulder pads are sewn to the dress
the beading is attached to the upper front panel

ISSUE:

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

CLASSIFICATION:

The classification of this dress is determined according to the General Rules of Interpretation (GRI) of the Harmonized Tariff Schedule of the United States, Rule 3. The essential character of the dress is imparted by the knitted fabric panels (GRI 3(b)).

The applicable subheading for the woman’s knitted dress, Styles 42458 and 52458 will be 6104.43.2010, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for Women’s or girls’ . . . dresses . . . knitted or crocheted: dresses: of synthetic fibers: other: women’s The rate of duty will be 16.3% ad valorem.

The woman’s knitted dress falls within textile category designation 636. 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

6104.43.2010 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 if the good is not knit to shape, consists of two or more component parts, undergoes a tariff shift to an assembled good of heading 6101 through 6117 from unassembled components and is wholly assembled in a single country, it qualifies for the tariff shift of Section 102.21(c)(2). However, this dress is not assembled in a single country and therefore, does not meet the terms of the tariff shift. Accordingly, as the dress dose not qualify for the tariff shift, 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":

(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 not 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 sewing of the front and rear panels at the sides and at the shoulders, the sewing of the sleeves at the armholes and the sewing of the zipper to the upper rear panel constitute(s) the most important assembly process(es). Accordingly, the country of origin of the woman’s knitted dress is Macau.

HOLDING:

The country of origin of the woman’s knitted dress, Styles 42458 and 52458, is Macau. Based upon international textile trade agreements products of Macau are subject to 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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