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NY H86064




January 16, 2002

CLA2-RR:NC: 61:TA: 359 H86064

CATEGORY: CLASSIFICATION

Mr. Bill Julich
Delmar International, Inc.
147-55 175th St.
Jamaica, New York 11434

RE: Classification and country of origin determination for a woman’s knitted pullover sweater; 19 CFR 102.21(c)(3)

Dear Mr. Julich:

This is in reply to your letter dated December 6, 2001, which you submitted on behalf of your client, Charter Ventures LLC, New York City, requesting a classification and country of origin determination for a woman’s knitted pullover sweater which will be imported into the United States.

FACTS

The subject merchandise consists of a woman’s knitted pullover sweater, Style 712.The sweater has a crew neckline that is finished with rib knit capping, and long sleeves. It covers the wearer’s upper body from her neck and shoulders to below her waist. The knitted fabric of the sweater has nine or fewer stitches per two centimeters, measured in the direction in which the stitches were formed. The front panel of the sweater is composed of two separate panels. The fiber content of the sweater is 100% cotton . You also submitted the component panels from which the sweater was made. These consist of the following:

Back panel:
-self-start bottom (tubular)
-self-finished sides
-armholes contoured to shape during the knitting process

Two sleeve panels:
-self-start ends (tubular)
-fabric which is joined to body is contoured to shape during the knitting process

Front panel (consists of two sections):
Bottom section (about 2/3rd of the panel) -self-start bottom (tubular)
-self-finished sides
-armholes partially contoured to shape during the knitting process -armholes partially cut to allow assembly of the upper section of the front panel

Top section (about 1/3rd of the panel)
-fabric cut and assembled, not knit to shape

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

Country A – Vietnam knit back panel and bottom of front panel knit sleeve panels knit top of front panel and knit neck trim

Country B – China
- component panels are linked

The back panel and the two sleeve panels are considered to be knit-to-shape panels. The front panel at the top is formed by cutting to shape. Thus, the front panel is not considered to be a a knit-to-shape panel.

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 712, will be 6110.20.2020, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for sweaters ---and similar articles, knitted or crocheted: of cotton: other: other: sweaters, women’s. The rate of duty will be 17.3%.

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 6177 from any heading outside that group, provided that the knit to shape components are knit in a single country, territory or insular 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---.

Regarding the sample under review, the back and the sleeve panels are considered to be knit to shape while the front panel is not considered to be knit to shape. However, since the back panel, when combined for measuring purposes with the two sleeve panels, constitutes more than 50% of the exterior surface area of the garment, the sweater is considered a knit to shape sweater.

Section 102.21(e) states that ,for garments which are knit to shape, the tariff shift change to heading 6101 through 6117 must take place from any heading outside that group. However, the present tariff shift change occurs within that group, i.e., from the panels, in heading 6117 to the sweater, in heading 6110. Accordingly, as the required tariff shift does not take place, 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 considered knit to shape and as it is knitted in a single country, i.e.,in Country A, Vietnam, Section 102.21(c)(3) applies.

HOLDING:

The country of origin of the woman’s knitted pullover sweater, Style 712, is Country A, Vietnam, based upon international textile trade agreements products of Vietnam 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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