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NY I86188





October 21, 2002

CLA2-RR:NC: 61: N3: I86188

CATEGORY: CLASSIFICATION

Mr. Peter Weinrauch
Import Community Group, Ltd.
131 East Merrick Road
Valley Stream, New York 11580

RE: Classification and country of origin determination for knitted wearing apparel; 19 CFR 102.21(c)(4)

Dear Mr. Weinrauch:

This is in reply to your letter dated September 11, 2002, and submitted on behalf of Orioxi International Corp., Brea, California, which requested a classification and country of origin determination for knitted wearing apparel which will be imported into the United States. The submitted samples are returned as requested.

FACTS:

The subject merchandise consists of Style S969, which you describe as a woman’s knitted, long sleeve pullover with a stand-up collar. You submitted two samples that are partially assembled versions of this style, which you call “Version 1” and “Version 2”. These different versions share some characteristics, however, which are: fiber content - 80% cotton, 20% spandex; fabric brushed on one side; fabric has more than nine stitches per two centimeters, measured in the direction in which the stitches were formed; stand-up collar; partial front opening with a zippered closure. In “Version 1” the collar is sewn to the front placket, while in “Version 2” it is not yet attached. Neither of the “versions” indicates which method is to be used to complete the bottom of the front and back panels; nor do the “versions” show which method will be chosen to finish the sleeves. In your submission you state that the garment has a “straight cuff and bottom hemmed.”

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

Version 1
In China
-knit fabric and cut it into component panels (front, back, sleeves, collar) -sew zipper to upper section of front panel -make collar and partially sew it to front panel

In El Salvador
-sew front and back panels at shoulder seams -completely sew collar to front and back panels -sew sleeve seams and sew sleeves to body -sew side seams to join front and back panels

Version 2
In China
-knit fabric and cut it into component panels (front, back, sleeves, collar) -partially sew zipper to upper section of front panel -make collar (partial)

In El Salvador
-sew front and back panels at shoulder seams -make collar (finish) and sew it to front and back panels -sew zipper to collar
-sew sleeve seams and sew sleeves to body -sew side seams.

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the woman’s knitted pullover, Style S969, 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

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 pullovers are not knit to shape and do consist of two or more component Parts, nevertheless they are not assembled in a single country, territory or insular possession. Therefore, they do not meet the terms of the tariff shift and Section 102.21 (c), (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: -in “Version 1” – the sewing of the front and back seams at the shoulder, the sewing of the collar to the front and back panels, the sewing of the sleeves to the body, the sewing of the side seams, all of which occur in El Salvador;

-in “Version 2” – the sewing of the front and back panels at the shoulder seams, the sewing of the collar to the front and back panels, the sewing of the zipper to the collar, the sewing of the sleeves to the body the sewing of the side seams, all of which occur in El Salvador.

Accordingly, the country of origin of the woman’s knitted pullover is El Salvador.

HOLDING:

The country of origin under “Version 1” and “Version 2” of the woman’s knitted pullover, Style S969, is El Salvador. Based upon international textile trade agreements products of El Salvador are neither subject to quota nor 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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