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NY I89283




December 27, 2002

CLA2-RR:NC:61:N3: I89283

CATEGORY: CLASSIFICATION

Mr. Doug Hyland
Nordstrom, Inc.
Customs Compliance Department
1617 Sixth Avenue, Suite 1000
Seattle, WA 98101-0870

RE: Classification and country of origin determination for a sample of women’s knit tank top; 19 CFR 102.21(c)(2).

Dear Mr. Hyland:

This is in reply to your letter dated December 5, 2002, received on December 12, 2002, requesting a classification and country of origin determination for a sample of women’s knit tank top which will be imported into the United States. The sample will be returned, as requested.

FACTS:

Style BP 67671 is a tank top made from 100 percent cotton knit fabric. The tank top has shoulder straps measuring less than two inches, a u-shaped neckline in front and back, and the bottom finished with overlock stitching.

The tank top may be manufactured under one of the following options.

OPTION I

CHINA
Fabric is knit on a circular knitting machine and dyed Neckline and armholes are cut from fabric tube Bottom is finished with overlock stitching Trimming, pressing and packing of completed garment

Hong Kong
Shoulder seams are sewn
Capping is sewn onto armholes, front and back neckline

OPTION II

CHINA
Fabric is knit on a circular knitting machine and dyed Bottom is finished with overlock stitching Trimming, pressing and packing of completed garment

Hong Kong
Neckline and armholes are cut from fabric tube Shoulder seams are sewn
Capping is sewn onto armholes, front and back neckline

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the tank top will be 6109.10.0060, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for tank topsknitted or crocheted: of cotton: women’s. The rate of duty is 17.4% ad valorem. Effective January 1, 2003, the rate of duty will be 17 percent ad valorem

The tank top 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 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. If the good is not knit to shape and does not consist of two or more component parts, a change to heading 6101 through 6117 from any heading outside that group, except from heading 5007, 5111 through 5113, 5208 through 5212, 5309 through 5311, 5407 through 5408, 5512 through 5516, 5806, 5809 through 5811, 5903, 5906 through 5907, and 6001 through 6002, and subheading 6307.90, and provided that the change is the result of a fabric-making process. 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 (b)(6) defines wholly assembled as follows: Wholly assembled. The term “wholly assembled” when used with reference to a good means that all components, of which there must be at least two, preexisted in essentially the same condition as found in the finished good and were combined to form the finished good in a single country, territory, or insular possession. Minor attachments and minor embellishments (for example, appliques, beads, spangles, embroidery, buttons) not appreciably affecting the identity of the good, and minor subassemblies (for example, collars, cuffs, plackets, pockets), will not affect the status of a good as “wholly assembled” in a single country, territory, or insular possession.

The submitted garment is not knit to shape and consists of two or more components. As the tank top meets the requirement of being “Wholly Assembled” in one country, territory or insular possession, the terms of the tariff shift are met, and, therefore, the country of origin is Hong Kong under both manufacturing options.

HOLDING:

The country of origin of the woman’s knit tank top is Hong Kong under both options.

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 Angela De Gaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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