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NY H87852




February 22, 2002

CLA2-RR:NC:61:TA-359 H87852

CATEGORY: CLASSIFICATION

Ms. Rhoda Salus
Sandler, Travis & Rosenberg, P.A.
The Waterford
5200 Blue Lagoon Drive
Miami, Florida 33126-2022

RE: Classification and country of origin determination for five samples of women’s and men’s knitted wearing apparel; 19 CFR 102.21(c)(3)

Dear Ms. Salus:

This is in reply to your letter dated January 23, 2002, and to your subsequent facsimile messages dated February 7, and February 15, 2002, submitted on behalf of your client Lee Yin Knitting Factory Pte., Ltd., 994 Bendemeer Rd., Singapore 339943, requesting a classification and country of origin determination for five samples of women’s and men’s knitted wearing apparel which will be imported into the United States.

FACTS:

The subject merchandise consists of five samples of women’s and men’s knitted wearing apparel and of the component panels for these samples. All of the samples consist of 100% cotton fibers. You state that the production process for these samples involves neither Israel nor the countries of the NAFTA, the CBTPA or the AGOA. Your samples and their component panels are returned as requested.

Sample 1 is a woman’s knitted cardigan which has a full-front opening with four button closures and a v-shaped neckline which extends into a front placket. It also has long sleeves with rib knit cuffs and a rib knit bottom. It buttons right over left. The fabric is a jersey knit fabric which has more than nine stitches per two centimeters, measured in the direction in which the stitches were formed.

Sample 2 is a man’s knitted pullover with long sleeves and a crew neckline. Its fabric consists of an overall 3x5 rib knit which has more than nine stitches per two centimeters, measured in the direction in which the stitches were formed.

Sample 3, which you identify as a woman’s knitted sweater vest, has oversized armholes and a v-shaped neckline. Its jersey knit fabric has nine or fewer stitches per two centimeters, measured in the direction in which the stitches were formed.

Sample 4 is a woman’s knitted cardigan sweater with a v-shaped neckline and a full-front opening with four button closures. It also has a front placket. The sleeve ends and the bottom of the garment are a rib knit construction. The jersey knit fabric has nine or fewer stitches per two centimeters, measured in the direction in which the stitches were formed.

Sample 5 is a man’s knitted pullover sweater. It has a crew neckline and long sleeves with rib knit cuffs. It also has a rib knit bottom. The jersey knit fabric has nine or fewer stitches per two centimeters, measured in the direction in which the stitches were formed.

The component panels for these samples are described as follows:

Sample 1
Front Panel
-self-start bottom
-self-finished sides
-armholes contoured to shape during the knitting process -clear and continuous lines of demarcation out of which the neckline is cut -clear and continuous vertical line of demarcation extending down the panel

Back Panel
-self-start bottom
-self-finished sides
-armholes contoured to shape during the knitting process

Two Sleeve Panels
-self-start ends
-self-finished sides
-contoured to shape during the knitting process at the point of joining the sleeves with the shoulders

Narrow Strip of Fabric for the Front Placket

Sample 2
Front Panel
-self-start bottom
-self-finished sides
-armholes contoured to shape during the knitting process -clear and continuous lines of demarcation at the neckline

Back Panel
-self-start bottom
-self-finished sides
-armholes contoured to shape during the knitting process

Two Sleeve Panels
-self-start ends
-self-finished sides
-contoured to shape during the knitting process at the point of joining the sleeves with the shoulders

Narrow Strip of Fabric for the Crew Neckband

Sample 3
Front Panel
-self-start bottom
-self-finished sides
-armholes contoured to shape during the knitting process -clear and continuous line of demarcation at the neck

Back Panel
-self-start bottom
-self-finished sides
-armholes contoured to shape during the knitting process

Three Narrow Strips of Fabric for the Crew Neckband and the Armholes

Sample 4
Front Panel
-self-start bottom
-self-finished sides
-armholes contoured to shape during the knitting process -clear and continuous line of demarcation from which the neckline is cut -clear and continuous line of demarcation vertically down one course of the entire panel

Back Panel
-self-start bottom
-self-finished sides
-armholes contoured to shape during the knitting process

Two Sleeve Panels
-self-start ends
-self-finished sides
-contoured to shape during the knitting process at the point of joining of the sleeves and shoulders

Narrow Strip of Fabric for the Collar and Placket

Sample 5
Front Panel
-self-start bottom
-self-finished sides
-armholes contoured to shape during the knitting process -clear and continuous line of demarcation at the neckline

Back Panel
-self-start bottom
-self-finished sides
-armholes contoured to shape during the knitting process

Two Sleeve Panels
-self-start ends
-self-finished sides
-contoured to shape during the knitting process at the point of joining the sleeves and shoulders

Narrow Strip of Fabric for the Crew Neckband.

For the purpose of determining the country of origin of these five samples, the major panels of each sample, that is, the front and the back panel and, when present on the sample, the sleeve panels, are considered knit-to-shape component panels of their respective garments. Thus, for the purpose of determining the country of origin of these samples, all five are considered to be knit-to-shape garments.

The manufacturing operations for the five samples which you presented are as follows:

In Singapore (Country “A”)

The panels are knit to shape

In Indonesia or China (Country “B”)

The panels are cut along the lines of demarcation (where appropriate)

The panels are assembled by linking and looping.

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the woman’s cardigan (sample 1) will be 6110.20.2075, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for sweaters, pullovers----and similar articles, knitted or crocheted: of cotton: other: other: other: women’s. The rate of duty will be 17.3% ad valorem.

The applicable subheading for the man’s pullover (sample 2) will be 6110.20.2065, (HTSUSA), which provides for sweaters, pullovers ----and similar articles, knitted or crocheted: of cotton: other: other: other: men’s. The rate of duty will be 17.3% ad valorem.

The applicable subheading for the woman’s sweater vest (sample 3) and for the women’s cardigan sweater (sample 4) will be 6110.20.2020, (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% ad valorem.

The applicable subheading for the man’s sweater (sample 5) will be 6110.20.2010 (HTSUSA), which provides for sweaters --- and similar articles, knitted or crocheted: of cotton: other: other: sweaters: men’s. The rate of duty will be 17.3% ad valorem.

The woman’s cardigan (sample 1) falls within textile category designation 339. The man’s pullover (sample 2) falls within category 338. The woman’s sweater vest, the woman’s cardigan sweater and the man’s pullover sweater (samples 3, 4 and 5) fall within category 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

6110.20.2075 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
6110.20.2020
6110.20.2010

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, heading 6117, to the finished samples, 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.

As the subject merchandise is considered knit to shape, and as it is knitted in a single country, i.e., Singapore, (Country “A”), Section 102.21(c)(3) applies.

HOLDING:

The country of origin of the five samples which you submitted is Singapore (Country “A”). Based upon international textile trade agreements products of Singapore 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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