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NY I89519





January 28, 2003

CLA2-61:RR:NC:N-3:TA-359: I89519

CATEGORY: CLASSIFICATION

Ms. Evelyn P. Milling
Customs Compliance Team Leader
Kmart Corp.
Resource Center
3100 West Big Beaver Road
Troy, Michigan 48084-3163

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

Dear Ms. Milling:

This is in reply to your letter dated December 16, 2002, and to your submission of additional information that we received on January 17, 2003, requesting a classification and country of origin determination for women’s knitwear which will be imported into the United States. We are retaining your sample for instructional purposes.

FACTS: The subject merchandise consists of a woman’s knitted pullover that has a partial front opening, which consists of a henley-style neckline with a three-button closure that buttons right over left. The pullover has short sleeves with a tubular finish at the ends. There is a tubular finish at the bottom of the garment, as well. The jersey knit fabric of the pullover has more than nine stitches per two centimeters, measured in the direction in which the stitches were formed, but less than ten stitches per linear centimeter in each direction. The fiber content of the pullover is 100% cotton. The style number of the pullover is 7226.

You also submitted the component panels from which the sample is made. These panels consist of the following:
Front Panel
-self-start tubular bottom
-self-finished sides
-armholes contoured to shape during the knitting process -clear and continuous lines of demarcation at the neckline

Back Panel
-self-start tubular bottom
-self-finished sides
-armholes contoured to shape during the knitting process

Sleeve Panels
-self-start tubular bottom
-self-finished sides
-contoured to shape at the point of joining the armholes

Narrow Strips of Knitted Fabric for the Neckline and Placket Capping.

The manufacturing operations for the woman’s knitted pullover are as follows: In Vietnam
-knit front, back and sleeve panels

In China
-assemble component panels into pullover by looping.

For the purpose of determining the country of origin of this sample we note that all of the component panels, (the “major parts”), that is, the front, back and sleeve panels, are 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 pullover, Style 7226, will be 6110.20.2075, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for sweaters, pullovers --- and similar articles, knitted or crocheted: of cotton: other: other: other: women’s. The rate of duty will be 16.9% ad valorem.

The pullover 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

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 knit-to-shape garments, the tariff change must occur to heading 6101 through 6117 from a heading outside that grouping. However, in this instance, the tariff change occurs within the grouping, that is, from the component panels of heading 6117 to the pullover in heading 6110. Accordingly, as the terms of the tariff shift are not fulfilled, 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.

Section 102.21 (b) states that:
(3) KNIT TO SHAPE: The term “knit to shape” applies to any good of which 50% or more of the exterior surface area is formed by major parts that have been knitted or crocheted directly to the shape used in the good, with no consideration being given to patch pockets, appliques, or the like. (4) Major Parts: The term “major parts” means integral components of a good but does not include collars, cuffs, waistbands, plackets, pockets, linings, paddings, trim, accessories, or similar items.

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 pullover, Style 7226, 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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