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NY I80447





May 13, 2002

CLA2-RR:NC:61:TA: I80447

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 women’s knitwear; 19 CFR 102.21(c)(3)

Dear Ms. Salus:

This is in reply to your letter dated March 27, 2002, submitted on behalf of your client, Lee Yin Knitting Factory Pte., Ltd., Singapore, which Customs rejected and which you resubmitted on April 10, 2002. You are requesting a classification and country of origin determination for women’s knitwear which will be imported into the United States.

You submitted four samples of women’s knitwear for our consideration. You also submitted the component panels from which these samples were made. All of the samples, as well as their component panels, are returned as you requested. You state that the processing of these styles does not involve Israel, or the NAFTA, CBTPA or AGOA countries.

FACTS: The subject merchandise consists of four styles of women’s knitwear. All four styles consist of 100% wool fibers. Style Wool-01 is a woman’s knitted pullover sweater with a v-shaped neckline and long sleeves. The jersey knit fabric of the sweater has nine or fewer stitches per two centimeters, measured in the direction in which the stitches were formed. The sweater has rib knit sleeve cuffs, a rib knit bottom and a rib knit neckband. Style Wool-02 is a woman’s knitted pullover sweater vest with a v-shaped neckline. The jersey knit fabric of the sweater vest has nine or fewer stitches per two centimeters, measured in the direction in which the stitches were formed. The sweater vest has a rib knit bottom and a rib knit neckband.

Style Wool-03 is a woman’s knitted pullover with long sleeves. The jersey knit fabric of the pullover has more than nine stitches per two centimeters, measured in the direction in which the stitches were formed. The pullover has a rib knit bottom, rib knit sleeve cuffs and a rib knit neckband. Style Wool-04 is a woman’s knitted sleeveless pullover with a rib knit bottom and a rib knit neckband. The jersey knit fabric of the pullover has more than nine stitches per two centimeters, measured in the direction in which the stitches were formed.

The component panels of the sweater, Style Wool-01, consist of the following:

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 to the body

Strip of Fabric for Neckband.

The component panels of the sweater vest, Style Wool-02, consist of the following;

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

Strips of Fabric for the Neckband and Armhole Capping.

The component panels of the pullover, Style Wool-03 consist of the following:

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 at the point of joining to the body

Strip of Fabric for the Neckband.

The component panels of the sleeveless pullover, Style Wool-04, are as follows:

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

Strips of Fabric for the Neckband and Capping.

For the purpose of determining the country of origin of the two sweaters and the two pullovers, we note that all of the major panels of each garment under consideration qualify as knit-to-shape panels. Therefore, each sweater and each pullover is considered a knit-to-shape garment.

.

The manufacturing operations for the four styles of women’s knitwear are as follows:

In Singapore (Country “A”)
-all the major panels are knit to shape

In China or Indonesia (Country “B”)
-the panels are assembled into the finished garment.

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the women’s knitted sweaters, Styles Wool-01 and Wool-02, will be 6110.11.0030 Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for sweaters---knitted or crocheted: of wool or fine animal hair: of wool: sweaters: women’s. The rate of duty will be 16.2% ad valorem.

The applicable subheading for the women’s knitted pullovers, Styles Wool-03 and Wool-04, will be 6110.11.0080 HTSUSA, which provides for sweaters, pullovers---knitted or crocheted: of wool or fine animal hair: of wool: other: women’s. The rate of duty will be 16.2% ad valorem.

The sweaters fall within textile category designation 446. The pullovers fall within 438. 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

6110.11 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.

Section 102.21(e) states that, for garments that 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 heading 6117 to the finished garment 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 knitted in a single country, viz., in Singapore (Country “A”), Section 102.21(c)(3) applies.

HOLDING:

The country of origin of the four styles submitted is Singapore (Country “A”). Based upon international textile trade agreements products of Singapore (Country “A”) 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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