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NY H81538




August 6, 2001

CLA2-RR:NC:TA:N3:356 H81538

CATEGORY: CLASSIFICATION

Mr. Jason M. Waite
Grunfeld, Desiderio, Lebowitz & Silverman LLP 303 Peachtree Street, N.E., Suite 2980
Atlanta, GA 30308

RE: Classification and country of origin determination for a men’s knit garment; 19 CFR 102.21(c)(4)

Dear Mr. Waite:

This is in reply to your letter dated May 29, 2001, on behalf of Everflow Apparel Industries Limited, requesting a classification and country of origin determination for a men’s knit garment which will be imported into the United States. You have provided samples of the garment parts as they are partially assembled in China and a sample of the finished garment as it will be imported from Honduras into the United States.

FACTS:

Style EVH-010 is a men’s pullover garment constructed from 100% polyester, finely knit fabric that is napped on the inside and outside surfaces. The garment has a self-fabric cross-over V-neckline; front and rear yokes; a sweat patch at the rear neckline; long, hemmed sleeves; woven fabric labels on the left chest and upper back panel; and a straight, hemmed bottom.

THE MANUFACTURING OPERATIONS FOR STYLE EVH-010 ARE AS FOLLOWS:

CHINA:
the fabric is formed and cut into component parts (front and back yokes, lower front and back panels, three sleeve sections for each sleeve, sweat patch, neckband) the front yoke is joined to the lower front panel the neckband is partially attached to the front yoke at the center cross-over area the woven fabric label is sewn to the left chest the rear yoke is joined to the lower rear panel the woven label is sewn to the outside rear neckline the woven label is sewn to the sweat patch the sweat patch is partially attached to the back panel at the inner neckline the sleeve sections are joined to form the sleeve panel the sleeve seams are partially sewn closed the sleeve components are hemmed

HONDURAS:
the shoulder seams are sewn joining the front and back panels the sleeves are attached to the body of the garment the remainder of the sleeve seams are sewn closed the side seams are joined the neckband is sewn to the remainder of the front panel and to the rear panel the neck tape is attached the country of origin label is sewn to the woven label on the sweat patch the bottom of the garment is hemmed

ISSUE:

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

CLASSIFICATION:

The applicable subheading for Style EVH-010 will be 6110.30.3050, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for sweaters, pullovers, . . , and similar articles, knitted or crocheted: of man-made fibers: other: other: other: men’s or boys’. The rate of duty will be 32.7 % ad valorem.

Style EVH-010 falls within textile category designation 638. 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.

Although the garment is not knit to shape and it consists of two or more component parts, it is not wholly assembled in a single country, territory or insular possession. Accordingly, as the terms of the tariff shift are not met, 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, 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 Style EVH-010, the joining of the shoulder seams; the attachment of the sleeves; the joining of the side seams; and the attachment of the neckband constitute the most important assembly processes.

Accordingly, under Section 102.21(c)(4), the country of origin of Style EVH-010 is Honduras.

HOLDING:

The country of origin of Style EVH-010 is Honduras. Based upon international textile trade agreements products of Honduras are not presently subject to quota or 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 212-637-7081.

Sincerely,

Robert B. Swierupski
Director,

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