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NY I88379




December 11, 2002

CLA2-RR:NC:61:TA-359:I88379

CATEGORY: CLASSIFICATION

Mr. Frank Saviano
Agra-Services Brokerage Co., Inc.
221-20 147th Avenue
Jamaica, New York 11413

RE: Classification and country of origin determination for a woman’s knitted sweater; 19 CFR 102.21(c)(3)

Dear Mr. Saviano:

This is in reply to your letter dated November 19, 2002, submitted on behalf of your client, Fine Power, Inc., New York, New York, requesting a classification and country of origin determination for a woman’s knitted sweater which will be imported into the United States. Your sample of the sweater and of its component panels is returned as requested.

The subject merchandise consists of a woman’s jersey knitted pullover sweater with long raglan sleeves and a six inch long opening at the neckline that is closed with a string tie. The bottom of the garment and the ends of the sleeves are made from rib knit fabric. There are two openwork fabric “ladders” which extend along each seam of the two raglan sleeves. The sweater consists of 85% acrylic, 15% wool fibers. The fabric of the sweater has nine or fewer stitches per two centimeters, measured in the direction in which the stitches were formed. The style number is 3-21334.

The component panels of the sweater consist of the following: Front panel
-self-start bottom
-self-finished sides
-armholes and neckline contoured to shape during the knitting process

Back panel
-same as front panel

Sleeve panels
-self-start ends
-self-finished sides
-contoured to shape at the point of joining to the body.

The manufacturing operations for the sweater are as follows: In Vietnam
-knit all panels

In China
-link panels to form sweater
-wash, press and pack for shipment.

For the purpose of determining the country of origin of this sweater, each of its component panels is considered to be knit to shape.

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the woman’s knitted sweater, Style 3-21334 will be 6110.30.3020, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for sweaters ---and similar articles, knitted or crocheted: of man-made fibers: other: other: other: other: sweaters: women’s. The rate of duty will be 32.4% ad valorem for the year 2002, and 32.2% ad valorem for the year 2003.

The sweater falls within textile category designation 646. 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

6110.30 If the good is knit to shape, a change to heading 6101 through 6117 from any heading outside that group, provided that the knit-to-shape components are knit in a single country, territory or insular possession.

Section 102.21(e) states that, for those goods that are knit to shape, the change to headings 6101 through 6117, HTS, must occur from headings outside that group. In this case, however, the change occurs within the group, that is, from 6117, the panels, to 6110, the sweater. Accordingly, as the required tariff shift does not take place, 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.

As the subject merchandise is knit to shape in a single country, that is, in Vietnam, Section 102.21(c)(3) applies.

HOLDING:

The country of origin of the woman’s knitted sweater, Style 3-21334, is Vietnam. Based upon international textile trade agreements products of Vietnam 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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