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NY I83090




July 16, 2002

CLA2-RR:NC:61:N3 I83090

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 one style of women’s knitted wearing apparel; 19 CFR 102.21(c)(4)

Dear: Mr. Seah

This is in reply to your letter dated May 31, 2002, requesting a classification and country of origin determination for one style of women’s knitted wearing apparel which will be imported into the United States. You submitted one sample of the completed garment. It is being returned to you.

FACTS:

The subject merchandise consists of one style of a woman’s knitted cardigan which consists of 80% cotton, 20% polyester fabric. The knitted fabric is napped on the inside. The cardigan has a full-front opening with a zippered closure, a hemmed waistband and long, hemmed sleeves. The cardigan also has a hood with a drawstring closure and two pockets in front at the waist. The style number is 72030.

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

Production Plan I

In Country A
-make and mark pattern
-cut fabric into component panels

In Country B
-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 body of cardigan
-attach zipper

Production Plan II

In Country A
-make and mark pattern

In Country B
-cut fabric into component panels
-make hood
-attach pockets onto front panels
-sew front and rear panels at the shoulders -attach hood

In Country A
-sew side seams
-sew sleeves to body
-attach zipper

Production Plan III

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

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

In Country C
-sew side seams
-attach sleeves
-attach zipper

Production Plan IV

Country A

-make and mark pattern
-cut fabric into component panels
-make hood
-sew front and back panels at shoulder seams -sew hood to body
-attach two pockets onto front panels

Country B

-sew sleeves to body
-sew side seams
-make zipper

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the woman’s knitted cardigan, Style 72030, will be 6110.20.2075, Harmonized Tariff Schedule of the United States (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 cardigan falls within textile quota 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

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 cardigan is not knit to shape and it does consist of two or more component parts, nevertheless it is not assembled in a single country, territory or insular possession. Therefore, it does 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:

Under Production Plan I, the sewing of the sleeves to the body, the sewing of the side seams of the body and the making of the zipper, all of which occur in Country A; Under Production Plan II, the sewing of the sleeves to the body, the making of the zipper and the sewing of the side seams of the body, all of which occur in Country A; Under Production Plan III, the sewing of the sleeves to the body, the making of the zipper and the sewing of the side seams of the body, all of which occur in Country C; and Under Production Plan IV, the sewing of the sleeves to the body, the sewing of the side seams of the body and the making of the zipper, all of which occur in Country B.

Accordingly, the country of origin of the woman’s knitted cardigan, Style 72030, is Country A under Production Plans I and II; Country C under Production Plan III; and Country B under Production Plan IV.

HOLDING:

The country of origin of the woman’s knitted cardigan is Country A, under Production Plans I and II, Country C under Production Plan III, and Country B under Production Plan IV. Based upon international textile trade agreements products of Countries A, B and 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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