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NY I86189





October 2, 2002

CLA2-RR:NC:61:N3: I86189

CATEGORY: CLASSIFICATION

Mr. Peter Weinrauch
Import Commodity Group, Ltd.
131 East Merrick Road, 2nd Fl.
Valley Stream, New York 11580

RE: Classification and country of origin determination for women’s knitwear; 19 CFR 102.21(c)(4)

Dear Mr. Weinrauch:

This is in reply to your letter dated September 11, 2002, submitted on behalf of your client, Orioxi International Corp., Brea, California, requesting a classification and country of origin determination for women’s knitwear which will be imported into the United States. The samples that you submitted are returned as requested.

FACTS:

The subject merchandise consists of Style S873, which is a woman’s knitted jacket that has a full-front opening with a zippered closure. The inside fabric of the jacket is napped and the fiber content is 80% cotton, 20% polyester. The jacket features a rib knit, stand-up collar, long sleeves with rib knit cuffs, a rib knit bottom and two pockets at the waist in the front. You did not submit a finished sample of this garment. Instead, you furnished us with two partially assembled versions of the item. “Version 1” consists of a front panel with the collar, zipper, rib knit bottom and pockets attached. In “Version 1” there is also a back panel and two sleeve panels (with nothing attached), plus two rib knit cuffs, the rib knit bottom, and a neck twill tape. “Version 2” consists of a front panel with the zipper, rib knit bottom and pockets attached. In “Version 2” there is also a back panel and two sleeve panels (with nothing attached), plus two rib knit cuffs, the rib knit bottom, the neck twill tape and the rib knit collar.

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

In China
-knit fabric and cut it into component panels or into small parts -attach zipper to front panel
-partially attach collar to front panel
-attach pockets
-attach front rib knit bottom (partially) -make rib knit cuffs

In El Salvador
-sew shoulder seams
-attach collar
-sew twill tape
-sew sleeves closed and attach to body
-attach rib knit cuffs
-sew side seams
-attach rib knit bottom (remainder)

In China
-knit fabric and cut it into component panels or into small parts -attach zipper (partially) to front panel -attach pockets
-attach front rib knit bottom (partially) -knit rib knit cuffs

In El Salvador
-sew shoulder seams
-knit collar and attach to front and back panels -sew zipper to collar
-sew twill tape to neck
-sew sleeves closed and attach to body
-sew cuffs to sleeves
-sew side seams
-attach remainder of front rib knit bottom -attach back rib knit bottom.

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the woman’s knitted jacket, Style S873, will be 6102.20.0010, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for women’s --- windbreakers and similar articles, knitted or crocheted, other than those of heading 6104: 0f cotton, women’s. The rate of duty will be 16.1% ad valorem.

The jacket falls within textile category designation 335. 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

6102.20 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 tariff shift must be the result of the good being wholly assembled in a single country, territory or insular possession. Under both of the versions of the assembly process for this knitted jacket that you submitted, the assembly process occurs in more than one country and, therefore, the terms of the tariff shift are not met. Accordingly, as the jacket does not qualify under the terms of 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, according to each of the production versions that you submitted, the following constitute the most important assembly processes:

-the sewing of the front and back panels at the shoulders -the attaching of the collar to the front and back panels -the attaching of the sleeves to the body -the attaching of the cuffs to the sleeves -the sewing of the side seams and
-the sewing of the rib bottom to the body, all of which occur in El Salvador.

-the sewing of the front and back panels at the shoulders -the attaching of the collar to the front and back panels -the attaching of the sleeves to the body -the attaching of the cuffs to the sleeves -the sewing of the side seams
-the sewing of the remainder of the rib bottom to the body, all of which occur in El Salvador.

Accordingly, the country of origin of the woman’s knitted jacket, Style S873 is El Salvador.

HOLDING:

The country of origin of the woman’s knitted jacket is El Salvador. Based upon international textile trade agreements products of El Salvador are subject to quota restraints but do not require 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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