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NY I88564




December 18, 2002

CLA2-RR:NC:61:TA 359: I88564

CATEGORY: CLASSIFICATION

Mr. Bernard Seah
Ghim Li Global Pte., Ltd.
No.41 Changi South Avenue 2
Singapore 486153

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

Dear Mr. Seah:

This is in reply to your letter dated November 19, 2002, requesting a classification and country of origin determination for a woman’s knitted dress which will be imported into the United States. Your sample is returned as requested.

FACTS:

The subject merchandise consists of a woman’s full-length, knitted dress, Style BB 3T 501, that is composed of 60% cotton, 40% polyester fibers. The dress has short sleeves, a partial front-opening placket with five buttoned closures, a johnny collar, a half moon shaped fabric piece on the inside of the back panel at the neck and a permanently attached string tie that is sewn at the waist. The back of the dress is divided into two component panels, an upper and a lower panel; while the front of the dress is divided into three component panels, two upper panels and one lower one.

The manufacturing operations for the dress, according to the three production plans that you submitted, are as follows:

Production Plan I
In Country A
-mark and make pattern
-cut piece goods into component panels
-sew two sides of collar together
-sew placket to upper front panels
-sew half moon fabric to inside of back panel -sew lower panel to upper panels on the front and to upper panel on the back -sew string ties to the upper front panels

In Country B
-sew front and back panels at the shoulder seams -sew collar to body
-sew sleeves to body
-sew side seams

Production Plan II
In Country A
-mark and make pattern
-cut piece goods into component panels
-sew two sides of collar together
-sew placket to upper front panels
-sew half-moon fabric to inside of back panel -sew lower panel to upper panels of the front and to upper panel on the back -sew string ties to upper front panels
-sew front and back panels at the shoulder seams

In Country B
-sew collar to body
-sew sleeves to body
-sew side seams

Production Plan III
In Country A
-mark and make pattern
-cut piece goods into component panels
-sew sides of collar together
-sew placket to front panels
-sew half-moon fabric to inside of back panel -sew string ties to sides of front panel
-sew front and back panels at the shoulder seams -sew collar to body

In Country B
-sew lower panels to upper front panels and to upper back panel -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 dress, Style BB 3T 501, will be 6104.42.0010, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for women’s --- dresses ---knitted or crocheted: dresses: of cotton: women’s. The rate of duty will be 11.6% ad valorem for the years 2002 and 2003.

The dress falls within textile category designation 336. 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

6104.42 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 the three production plans that you have submitted, assembly processing occurs in more than one country and therefore, the terms of the tariff shift are not fulfilled. Accordingly, as the dress 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, according to each of the three production plans submitted, the following constitute the most important assembly processes: Under Production Plan I
-the sewing of the front and back panels at the shoulder seams -the sewing of the collar to the body
-the sewing of the sleeves to the body and -the sewing of the side seams, all of which occur in Country B;

Under Production Plan II
-the sewing of the placket to the front panels -the sewing of the half-moon fabric to the back panel -the sewing of the lower to the upper panels on the front and back -the sewing of the string ties to the front panels and -the sewing of the front and back panels at the shoulder seams, all of which occurs in Country A;

Under Production Plan III
-the sewing of the placket to the front panels -the sewing of the half-moon to the inner back panel -the sewing of the string ties to the panels -the sewing of the front and back panels at the shoulder panels -the sewing of the collar to the body, all of which occur in Country A.

Accordingly, the country of origin of the woman’s knitted dress, Style BB 3T 501, is Country B under Production Plan I, and Country A under Production Plans II and III.

HOLDING:

The country of origin of the woman’s knitted dress, Style BB 3T 501, is Country B under Production Plan I and Country A under Production Plans II and III. 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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