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NY H85849




December 26, 2001

CLA-2-61:RR:NC:TA:361 H85849

CATEGORY: CLASSIFICATION

Mr. Thomas G. Travis
Sandler, Travis & Rosenberg, P.A.
Attorneys at Law
The Waterford
5200 Blue Lagoon Drive
Miami, FL 33126-2022

RE: Classification and country of origin determination for three women’s garments; 19 CFR 102.21(c)(4)

Dear Mr. Travis:

This is in reply to your letter dated December 3, 2001, requesting a classification and country of origin determination for three women’s garments that will be imported into the United States.

FACTS:

Style RP6056 is a woman’s shirt constructed from 100% cotton knit fabric with more than ten stitches in both the horizontal and vertical directions. The shirt has a collar, a partial front opening with a three button right-over-left closure, ¾ length sleeves, and a hemmed bottom with side slits.

Style SA6061 is a woman’s pullover constructed from 100% cotton knit fabric with more than 9 stitches per centimeter in the horizontal direction. The pullover has a collar, a v shaped neckline with no closure, and a hemmed bottom with side slits.

Style MT6002 is a woman’s garment constructed from 100% cotton pique knit fabric with 9 stitches per one centimeter in the horizontal direction. The garment has a collar, a full front opening with an eight button right-over-left closure, short sleeves, and a hemmed bottom.

The manufacturing operations for the three styles are as follows. Note that Country A is China and Country B is Palau. Style RP6056

Country A
Fabric cut
Interlining fused to placket
Placket is edge stitched at side and bottom Bottom hem stitched
Cuffs hemmed
Shirt collar band formed and stitched onto collar

Country B Style RP6056
Shoulders joined
Collar assembled and attached to front and back panels Right and left sleeves joined to body of garment Side seams sewn closing front and back panels Three button holes formed
Buttons sewn
Bottom Hemmed
Garments pressed
Garments folded and put in polybags
Garments packed into carton

Style SA 6061

Country A
Fabric cut
Interlining fused to placket
Sew facing onto body panel
Bottom hem stitched
Single needle top stitch collar

Country B
Shoulders joined; double needle shoulders Collar assembled and attached to front and back panels Right and left sleeves joined to body of garment; double needle armholes Side seams sewn closing front and back panels Bottom Hemmed;
Trim, inspect, pack

Style MT 6002.

Country A
Fabric cut
Interlining fused to placket; collar/collar band Princess mock safety stitch
Princess center cover stitch over seam
Placket turnback with coverstitch
Pocket opening – coverstitch
Press pocket
Patch chest pocket with double needle to front panels Shirt collar – single needle stitch on collar edge; stitch on collar band.

Country B
Shoulders joined;
Collar Attached to body
Neck finished; main labels sewn center back neck sleeves joined to body Side seams closed
Bottom Hemmed; cuffs overstitched
Placket sewn at bottom backstitched
Buttonholes and button sewn to placket
Garment pressed, inspected, packed

ISSUE:

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

CLASSIFICATION:

The applicable subheading for style RP6056 will be 6106.10.0010, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for Women’s or girls’ blouses or shirts, knitted or crocheted: Of cotton. The rate of duty will be 20.1 percent ad valorem. Effective January 1, 2002, the rate of duty will be 20.0 percent ad valorem.

The applicable subheading for styles SA6061 and MT6001 will be 6110.20.2075, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for sweaters, pulloversand similar articles: Of cotton: Other: Women’s or girls’. The rate of duty will be 17.8 percent ad valorem. Effective January 1, 2002, the rate of duty will be 17.3 percent ad valorem.

All three styles fall within textile category designation 339. 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 garments are 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 1. 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. 2. If the good is not knit to shape and does not consist of two or more component parts, a change to heading 6101 through 6117 from any heading outside that group, except from heading 5007, 5111 through 5113, 5208 through 5212, 5309 through 5311, 5407 through 5408, 5512 through 5516, 5806, 5809 through 5811, 5903, 5906 through 5907, and 6001 through 6002, and subheading 6307.90, and provided that the change is the result of a fabric-making process. 3. 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 garments will be classified in headings 6106 and 6110 as noted above. The garments consist of two or more components, and are not knit to shape. As the garments are not wholly assembled in a single country, the terms of the tariff shift are not met.

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".

For style RP6056 the most important assembly operations occur at the time that the shoulders are joined, the collar is assembled and attached to front and back panels, and the right and left sleeves are joined to body of garment in Country B. Accordingly, the country of origin for style RP6056 is country B.

For style SA6061 the most important assembly operations occur at the time that the shoulders are joined and double needle shoulders, the collar is assembled and attached to front and back panels, the right and left sleeves are joined to body of garment and double needle stitched, and the side seams are sewn, closing front and back panels in Country B. Accordingly, the country of origin for style SA 6061 is country B.

For style MT6002, the most important assembly operations occur a the time that the shoulders are joined, the collar is attached to body, the neck is finished, the sleeves are joined to the body, and the side seams are closed in country B. Accordingly, the county of origin for style MT6002 is country B. HOLDING:

The country of origin for all three garments is country B. Assuming country B will be Palau, based upon international textile trade agreements products of Palau are not 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 * at 646-733-*.

Sincerely,

Robert B. Swierupski
Director,

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