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NY H88760





March 22, 2002

CLA2-RR:NC:61:N3 H88760

CATEGORY: CLASSIFICATION

Mr. Bernard Seah
PA to Corporate Manager, Factory
Ghim Li Global Pte., Ltd.
No. 41 Changi South Avenue 2
Singapore 486153

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

Dear: Mr. Seah

This is in reply to your letter dated February 19, 2002, requesting a classification and country of origin determination for three styles of women’s knitted wearing apparel which will be imported into the United States. You submitted three samples of the completed garments, as well as three samples of the unfinished garments. These are being returned to you under separate cover.

FACTS:

The subject merchandise consists of three styles of women’s knitted jackets which consist of 80% cotton, 20% polyester fabric. All three styles are made of knitted fabric that is napped on the inside. All three have a full-front opening with a zippered closure, a rib knit waistband and long sleeves with rib knit cuffs. They all have a hood with a drawstring closure and two kangaroo pockets in front at the waist. (The inside of the hood is not napped.).

Style 7A723 shows paper overlays on the left front at the chest and also on the rear at the shoulders. These indicate your intention to place embroidered appliques at those points. Style 7A707 shows embroidery and appliques on the front. Style 7A706 shows an appliqued letter “A” on the left front and an appliqued number “87” on the upper left sleeve.

For each of the three styles you also submit the unfinished front and rear panels and the hood, which are joined at the shoulders only.

The manufacturing operations for the three styles of women’s knitted jackets are as follows:

For Style 7A707

Production Plan I

In Country A
-make and mark pattern

In Country B
-cut piece goods into component shapes
-embroider front panels
-make hood
-attach two pockets onto front panels
-sew front and back panels at the shoulder -attach hood

In Country A
-sew side seams
-sew sleeves to front and back panel and to hood -sew waistband to garment
-sew cuffs to sleeves
-attach zipper

Production Plan II

In Country A
-make and mark pattern
-cut piece goods into component shapes
-embroider front panels

In Country B
-make hood
-attach pockets onto front panels
-join front and rear panels at the shoulders -attach hood

In Country A
-sew side seams
-sew sleeves to front and back panels and to hood -attach waistband
-attach sleeve cuffs
-attach zipper

Production Plan III

In Country A
-make and mark pattern
-cut piece goods into component shapes
-embroider front panels

In Country B
-make hood
-attach two pockets onto front panels
-join front and back panels at the shoulders -attach hood

In Country C
-sew side seams
-attach sleeves
-attach waistband
-attach sleeve cuffs
-attach zipper

For Style 7A706

Production Plan I

In Country A
-make and mark pattern

In Country B
-cut piece goods into component shapes
-embroider left front panel
-make hood
-attach two pockets onto front panels
-join front and back panels at shoulders
-attach hood

In Country A
-sew side seams
-join sleeves to body
-attach rib knit waistband
-attach rib knit cuffs to sleeves
-attach zipper

Production Plan II

In Country A
-make and mark pattern
-cut piece goods into component shapes
-embroider left front panel

In Country B
-make hood
-attach two pockets onto front panels
-join front and back panels at shoulders
-attach hood

In Country A
-sew side seams
-join sleeves to body
-attach rib knit waistband
-attach cuffs to sleeves
-attach zipper

Production Plan III

In Country A
-make and mark pattern
-cut piece goods into component shapes
-embroider front panel

In Country B
-make hood
-attach two pockets onto front panels
-join front and back panels at shoulders
-attach hood

In Country C
-sew side seams
-join sleeves to body
-attach waistband
-attach sleeve cuffs
-attach zipper

For Style 7A723

Production Plan I

In Country A
-make and mark pattern

In Country B
-cut piece goods into component shapes
-embroider left front and back panels
-make hood
-attach two pockets to front panels
-join front and back panels at the shoulders -attach hood

In Country A
-sew side seams
-attach sleeves to body
-attach rib knit waistband
-attach rib knit cuffs to sleeves
-attach zipper

Production Plan II

In Country A
-make and mark pattern
-cut piece goods into component shapes
-embroider left front and back panels

In Country B
-make hood
-attach two pockets onto front panels
-join front and back panels at the shoulders -attach hood

In Country A
-sew side seams
-attach sleeves to body
-attach waistband
-attach rib knit cuffs to sleeves
-attach zipper

Production Plan III

In Country A
-make and mark pattern
-cut piece goods into component shapes
-embroider left front and back panels

In Country B
-make hood
-attach two pockets onto front panels
-join front and back panels at shoulder seams -attach hood

In Country C
-sew side seams
-join sleeves to body
-attach waistband
-attach cuffs to sleeves
-attach zipper

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the three women’s knitted jackets, Styles 7A723, 7A707 and 7A706 will be 6102.20.0010, Harmonized Tariff Schedule of the United States (HTSUSA), which provides for women’s overcoats ---windbreakers and similar articles, knitted or crocheted, other than those of heading 6104: of cotton, women’s. The rate of duty will be 16.1% ad valorem.

The jackets fall within textile quota category designation 335. 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.

Although the jackets are not knit to shape and do consist of two or more component parts, nevertheless they are not assembled in a single country, territory or insular possession. Therefore, they do not meet the terms of the tariff shift and Section 102.21©(2) is not applicable.

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".

In the case of the subject merchandise, the following constitute the most important assembly processes:

Style 7A707, Style 7A706 and Style 7A723
Production Plans I, II, and III
-the sewing of the side seams
-the joining of the sleeves to the body
-the attaching of the waistband
-the attaching of the cuffs
-the attaching of the zipper.

For Style 7A707, Production Plans I and II, these processes occur in Country A; while under Production Plan III, they occur in Country C. For Style 7A706, Production Plans I and II, these processes occur in Country A, while under Production Plan III they take place in Country C. For Style 7A723, Production Plans I and II, these processes occur in Country A, while under Production Plan III they take place in Country C.

Accordingly, the country of origin of the three women’s knitted jackets is Country A for Style 7A707, Production Plans I and II; for Style 7A706, Production Plans I and II; and for Style 7A723, Production Plans I and II. The country of origin of the three women’s knitted jackets is Country C for all styles under Production Plan III.

HOLDING:

The country of origin of the women’s knitted jackets is Country A, all styles, Production Plans I and II, and Country C, all styles, Production Plan III. Based upon international textile trade agreements products of Country A and Country C may be 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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