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NY I89362




January 10, 2003

CLA2-61-RR:NC:N3:TA-359: I89362

CATEGORY: CLASSIFICATION

Ms. Melissa Weiss
Barthco Trade Consultants
721 Chestnut Street
Philadelphia, Pennsylvania 19106

RE: Classification and country of origin determination for women’s knitwear; 19 CFR 102.21(c)(3)

Dear Ms. Weiss:

This is in reply to your letter dated November 18, 2002, and to your subsequent letter dated December 18, 2002, submitted on behalf of Jones Apparel Group, Bristol, Pennsylvania, requesting a tariff classification and country of origin determination for a sample of women’s knitwear which will be imported into the United States. You also submitted the component panels from which the sample is constructed. The sample and its panels are returned to you, as requested.

FACTS:

The subject merchandise consists of a woman’s knitted sleeveless, pullover sweater with a round neckline. The sweater extends to the wearer’s waist and it has two spaghetti straps at the shoulders. The neckline and the armholes are finished with knitted capping. The fabric of the outside of the sweater consists of openwork, pointelle knitted fabric. On the inside of the front of the sweater there is a jersey knitted lining. This lining is permanently sewn into the sweater at the side seams and at the top but it is not sewn at the bottom. The fiber content of the sweater is 100% cotton. The style is W3JHDI428.

The component panels of the sweater are as follows Front Panel
-self-start bottom
-self-finished sides
-armhole and neckline contoured to shape during the knitting process

Back Panel
-same as front panel

Panel for Inside Lining

Knitted Strips for Capping and Spaghetti Shoulder Straps

The manufacturing operations for the sleeveless pullover sweater are as follows:

In Australia
-knit component panels and capping

In China
-loop panels into finished sweater.
For the purpose of determining the country of origin of this sweater, we note that the outside front panel and the back panel are considered knit-to-shape panels. Therefore, since the component panels (the “major parts”) are knit to shape, the sweater is 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 pullover sweater, Style W3JHDI428, will be 6110.20.2020, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for sweaters --- and similar articles, knitted or crocheted: of cotton: other: other: sweaters: women’s. The rate of duty will be 16.9% ad valorem.

The sweater falls within textile category designation 345.

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

6110.20 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 goods that are knit shape, the tariff change must occur from a heading outside the grouping 6101 through 6117. However, this change occurs within that grouping, that is, from the component panels, heading 6117, to the sweater, heading 6110. Accordingly, as the terms of the tariff shift are not met, 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 in a single country, namely Australia, Section 102.21(c)(3) applies.

HOLDING:

The country of origin of the woman’s knitted sleeveless pullover sweater, Style W3JHDI428, is Australia. Based upon international textile trade agreements products of Australia 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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