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NY H86036




January 11, 2002

CLA2-RR:NC:TA:359 H86036

CATEGORY: CLASSIFICATION

Mr. Donald S. Simpson
Barthco Trade Consultants
7575 Holstein Avenue
Philadelphia, Pennsylvania 19153

RE: Classification and country of origin determination for a woman’s knitted pullover sweater; 19 CFR 102.21(c)(2); tariff shift

Dear Mr. Simpson:

This is in reply to your letter dated December 5, 2001, which you submitted on behalf of your client, Treasure Step International, Hong Kong, requesting a classification and country of origin determination for a woman’s knitted sweater which will be imported into the United States.

FACTS:

The subject merchandise consists of a woman’s knitted pullover sweater, Style 50023. The sweater has long sleeves with rib knit cuffs, a rib knit turtleneck and a pronounced rib knit waistband. The sweater extends from the wearer’s neck and shoulders to below her waist. The jersey knit fabric of the sweater has less than nine stitches per two centimeters, measured in the direction in which the stitches were formed. The fiber content of the sweater is 100% cotton. The rib knit waistband and the rib knit cuffs are attached to the body of the sweater by linking.

You also submitted one of the component panels from which the sweater is assembled. This panel consists of a rib knit waistband which is linked to the body of the panel, self-finished edges, armholes which are contoured to shape and a neckline which is finished by edging to prevent raveling.

Your sample of the sweater and your sample of its component panel are returned as requested.

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

Country A (Singapore, Myanmar or Vietnam) – the component panels are knitted;

Country B (China) – the panels are linked.

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the woman’s knitted pullover sweater Style 50023, will be 6110.20.2020, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for “sweaters, pullovers---and similar articles, knitted or crocheted: of cotton: other: other: sweaters: women’s”. The rate of duty will be 17.3% ad valorem.

The sweater falls within textile category designation 345. 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

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 possession.

Section 102.21 (b), (3) states that the term “knit to shape” applies to any good of which 50% 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.

None of the component panels of the woman’s knitted pullover sweater are considered knit to shape because the front and back panels are not constructed with self-start bottoms, while the sleeves are not constructed with self-start cuffs. Instead, the rib knit bottoms and the rib knit cuffs are linked onto their respective panels.

As the sweater is not knit to shape and consists of two or more parts, and as the entire assembly (linking) of the component panels takes place in a single country, that is, Country B, China, as per the terms of the tariff shift requirement, country of origin is conferred in Country B, China.

HOLDING:

The country of origin of the woman’s knitted pullover sweater, Style 50023, is China. Based upon international textile trade agreements products of China are 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 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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