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NY I80009




April 26, 2002

CLA2-RR:NC:61:TA:359 I80009

CATEGORY: CLASSIFICATION

Mr. Anthony A. Tonucci
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 245 Park Avenue, 33rd Floor
New York, New York 10167-3397

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

Dear Mr. Tonucci:

This is in reply to your letter dated March 27, 2002, which was submitted on behalf of your client, Champion Knitwear International, Ltd., and which requested a classification and country of origin determination for a woman’s knitted pullover which will be imported into the United States. The samples are being returned, as requested.

FACTS:

The subject merchandise consists of a sample of a woman’s knitted pullover and of the component panels from which it is constructed. Style 12012 is a woman’s knitted pullover with a crew neckline and long sleeves. The pullover has a rib knit waistband and its sleeves have rib knit cuffs. The fiber content is 100% cotton. The knitted fabric of which it is constructed has more than nine stitches per two centimeters, measured in the direction in which it is formed.

The component panels of the pullover consist of the following: Front Panel
-self-start rib knit bottom
-self-finished sides
-armholes contoured to shape during the knitting process -neckline contoured to shape during the knitting process

Back Panel
-same as front panel

Two Sleeve Panels
-self-start rib knit cuffs
-self-finished sides
-contoured to shape at the joining point for the sleeves to the body

Strip of Narrow Fabric for the Neckband

For the purpose of determining the country of origin of the woman’s knitted pullover, we note that all four of its major panels (i.e., the front and back panels, and the two sleeve panels) are considered to be knit to shape. Therefore, the pullover is considered a knit-to-shape garment.

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

In Vietnam
-all major panels are knit to shape

In China
-the panels are assembled by linking and the finished pullover is formed.

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the woman’s knitted pullover, Style 12012, 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 pullover falls 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 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 heading 6117 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(e) states that, for garments which are knit to shape, the tariff shift to heading 6101 through heading 6117 must take place from any heading outside that group. However, the instant tariff shift occurs within that group, i.e., from the panels of heading 6117 to the finished pullover of 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 knit to shape, and as it is knit in a single country, namely, in Vietnam, Section 102.21(c)(3) applies.

HOLDING:

The country of origin of the woman’s knitted pullover, Style 12012, is Vietnam. Based upon international textile trade agreements products of Vietnam 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 Mike Crowley at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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