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NY I84221





August 19, 2002

CLA2-RR:NC:61:TA-359 I84221

CATEGORY: CLASSIFICATION

Mr. Bernard Seah
Ghim Li Global, Pte., Ltd.
No 41 Changi South Avenue 2
Singapore

RE: Classification and country of origin determination for a woman’s knitted pullover; 19 CFR 102.21(c)(4)

Dear Mr. Seah:

This is in reply to your letter dated July 15, 2002, requesting a classification and country of origin determination for a woman’s knitted pullover which will be imported into the United States.

FACTS:

The subject merchandise consists of a woman’s knitted pullover, Style 8A 704, which consists of 80% cotton, 20% polyester fibers. The fabric of the pullover has more than nine stitches per two centimeters, measured in the direction in which the stitches were formed. The inside of the fabric is napped. The body of the pullover is constructed from four main component panels: one large panel in the front, a second large panel in the back, and two small side panels (three inches wide) under the arms. The pullover has a capped, crew neckline which has a short eyelet and drawstring opening in the front at the neckline. It also has long, raglan sleeves that are finished with rib knit cuffs. The pullover extends from the wearer’s neck and shoulders to below her waist. There is a rib knit waistband at its bottom and a half-moon insert on the inside at the rear neckline. On the front chest of the pullover there is a decorative applique consisting of some letters which spell the word “aeropostale”. In addition, there is an embroidered script which spells the year “nineteen eighty seven.” On the wearer’s left sleeve, near the shoulder, there is a decorative applique with the number “87”.

The manufacturing operations for the woman’s knitted pullover, Style 8A 704, according to the six production plans that you are submitting, are as follows:

Production Plan I
In Country A
-make and mark pattern
-cut piece goods into component panels
-embroider front panel
-sew appliques to front and left sleeve panels

In Country B
-sew half-moon fabric insert to inside rear panel -slit neck opening of front panel
-sew two side panels to front and back panels

In Country C
-sew raglan sleeves to body
-form crew neck
-sew rib knit waistband to body
-sew rib knit cuffs to sleeves
-punch eyelet holes on each side of slit at front neck and insert drawstring

Production Plan II
In Country A
-make and mark pattern
-cut piece goods into component panels
-embroider front panel
-sew appliques to the front and left sleeve panels -sew half-moon fabric insert to inside rear panel -slit front at neck
-sew side panels to front and back panels

In Country B
-sew raglan sleeves to body
-form crew neck
-sew rib knit waistband to body
-sew rib knit cuffs to sleeves
-punch eyelet openings and insert drawstring

Production Plan III
In Country A
-make and mark pattern
-cut piece goods into component panels
-embroider front panel
-sew appliques to front and left sleeve panels

In Country B
-sew half-moon fabric insert to inside rear panel -slit front panel at neck
-sew two side panels to the front and rear panels

In Country A
-sew raglan sleeves to body
-form crew neck
-sew rib knit waistband to body
-sew rib knit cuffs to sleeves
-punch eyelet openings and insert drawstring

Production Plan IV
In Country A
-make and mark pattern
-cut piece goods into component panels
-embroider front panel
-sew applique to front and left sleeve panels

In Country B
-sew half-moon fabric insert to inside rear panel -sew side panels to front and rear panels -sew rib knit waistband to body
-slit open front panel at the neck

In Country C
-sew raglan sleeves to body
-form crew neck
-sew rib knit cuffs to sleeves
-punch eyelet openings and insert drawstring

Production Plan V
In Country A
-make and mark pattern
-cut piece goods into component panels
-embroider front panel
-sew applique to front and left sleeve panels -sew half-moon fabric insert to inside back panel -sew two side panels to front and back panels -sew rib knit waistband to body

In Country B
-sew raglan sleeves to body
-form crew neck
-sew rib knit cuffs to sleeves
-punch eyelet openings and insert drawstring

Production Plan VI
In Country A
-make and mark pattern
-cut piece goods into component panels
-embroider front panel
-sew applique to front and left sleeve panel

In Country B
-sew half-moon fabric to inside back panel -slit front panel at the neck
-sew two side panels to front and back panels -sew rib knit waistband to body

In Country A
-sew raglan sleeves to body
-form crew neck
-sew rib knit cuffs to sleeves
-punch eyelet openings and insert drawstring

In referring to Country A, Country B and Country C, we understand that none of these countries include Israel, the NAFTA countries, or any country with which the United States has a Free Trade Agreement. Your sample is returned as requested.

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the woman’s knitted pullover, Style 8A 704, will be 6110.20.2075, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for women’s pullovers---and similar articles, knitted or crocheted: of cotton: other: other: other. 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 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.

Section 102.21(e) states that the good must be the result of the good being wholly assembled in a single country, territory or insular possession. Under all six of the production plans that you submitted, assembly processing occurs in more than one country, and therefore, the terms of the tariff shift are not fulfilled. Accordingly, as the pullover does not qualify for the tariff shift, 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; 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 processes constitute the most important assembly processes: Under Production Plan I – the sewing of the raglan sleeves to the body, the forming of the crew neck, the sewing of the rib knit waistband to the body and the sewing of the rib knit cuffs to the sleeves, all of which occur in Country C; Under Production Plan II – the sewing of the raglan sleeves to the body, the forming of the crew neck, the sewing of the rib knit waistband to the body and the sewing of the rib knit cuffs to the sleeves, all of which occur in Country B; Under Production Plan III – the sewing of the raglan sleeves to the body, the forming of the crew neck, the sewing of the rib knit waistband to the body and the sewing of the rib knit cuffs to the sleeves, all of which occur in Country A;

Under Production Plan IV – the sewing of the raglan sleeves to the body, the forming of the crew neck, and the sewing of the rib knit cuffs to the sleeves, all of which occur in Country C; Under Production Plan V – the sewing of the raglan sleeves to the body, the forming of the crew neck and the sewing of the rib knit cuffs to the sleeves, all of which in Country B; Under Production Plan VI – the sewing of the raglan sleeves to the body, the forming of the crew neck and the sewing of the rib knit cuffs to the sleeves, all of which occur in country A.

Accordingly, the country of origin of the pullover is as follows: For Production Plan I – Country C
For Production Plan II – Country B
For Production Plan III – Country A
For Production Plan IV – Country C
For Production Plan V – Country B
For Production Plan VI – Country A.

HOLDING:

The country of origin of the woman’s knitted pullover is Under Production Plan I – Country C
Under Production Plan II – Country B
Under Production Pan III – Country A
Under Production Plan IV – Country C
Under Production Plan V – Country B
Under Production Plan VI – Country A. Based upon international textile trade agreements products of these countries 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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