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NY I85869




September 19, 2002

CLA2-RR:NC:TA:N3:356 I85869

CATEGORY: CLASSIFICATION

Mr. David Evan
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 245 Park Avenue, 33rd Floor
New York, NY 10167-3397

RE: Classification and country of origin determination for a men’s knit pullover garment; 19 CFR 102.21 (c)(4); most important assembly

Dear Mr. Evan:

This is in reply to your letter dated September 4, 2002, on behalf of Esquel Enterprises Limited (your reference 02-4199-10(22)I), requesting a classification and country of origin determination for a men’s knit pullover garment which will be imported into the United States.

FACTS:

The submitted sample is a men’s pullover garment constructed from 94 percent cotton, 6 percent spandex, pique knit fabric that measures 7 stitches per linear centimeter counted in the horizontal direction and 16 stitches per linear centimeter counted in the vertical direction. The garment has a partial front opening with a two button placket; a rib knit spread collar; short sleeves with rib knit cuffs; and a straight, hemmed bottom with side slits.

You state that the assembly operations occur in two different countries, designated as Country “A” (China) and Country “B” (Vietnam). You have provided samples of the partially assembled garment parts in the condition in which they will be sent to Vietnam and a sample of the finished garment as it will be imported into the United States. As requested, your samples will be returned.

The manufacturing operations for the garment are as follows:

COUNTRY A (CHINA):
The fabric is cut into component parts (front and back panels, sleeves, collar, collar band, sweat patch, placket sections, cuffs) The logo is embroidered on the front panel The front and back panels are hemmed
The placket is formed and attached to the front panel The buttonholes are made on the front placket The buttons are attached to the front placket The brand label is attached to the sweat patch The sweat patch is attached to the back panel - The rib knit cuffs are attached to the sleeve components The side vents are formed and the side seams are partially sewn closed (approximately three inches from the bottom) The collar and collar band are sewn to form the collar component - The origin label is attached to the collar band

COUNTRY B (VIETNAM):
- The front and back panels are joined at the shoulder seams with reinforcing tape - The sleeve seams are sewn closed
- The sleeves are attached to the front and back panels at the armholes - The side seams are sewn joining the front and back panels - The collar is attached to the front and back panels - The threads are trimmed and the garment is washed, ironed, inspected and packed for export

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the garment is in 6110.20.2065, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for men’s or boys’ sweaters, pullovers, and similar articles, knitted or crocheted: of cotton: other: other: other: men’s or boys’. The rate of duty is 17.3 percent ad valorem.

The garment falls within textile category designation 338. 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

6101-6117 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 garment is not knit to shape and consists of two or more component parts, it is not wholly assembled in a single country, territory or insular possession. Accordingly, as the terms of the tariff shift are not met, 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”:

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

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.

Since the garment is neither knit 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 assembly processes in Country “B” (Vietnam) consisting of the joining of the front and back panels at the shoulders, the attachment of the sleeves to the front and back panels, the joining of the side seams, and the attachment of the collar constitute the most important assembly processes.

Accordingly, under Section 102.21 (c)(4), the country of origin of the submitted garment is Country “B” (Vietnam), the country in which the most important assembly processes occur.

HOLDING:

The country of origin of the submitted garment is Country “B” (Vietnam). Based upon international textile trade agreements, products of Country “B” (Vietnam) are not presently subject to visa requirements or quota restraints.

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 sections 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 Mary Ryan at 646-733-3271.

Sincerely,

Robert B. Swierupski
Director,

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