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NY I89738




February 3, 2003

CLA2-61:RR:NC:TA-359: I89738

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 women’s knitwear; 19 CFR 102.21(c)(4)

Dear Mr. Seah:

This is in reply to your letter dated January 7, 2003, requesting a classification and country of origin determination for women’s knitwear which will be imported into the United States.

FACTS:

The subject merchandise consists of Style 0804165, a woman’s knitted jacket that is composed of 52% cotton, 48% polyester fibers. The fabric of the jacket has more than nine stitches per two centimeters, measured in the direction in which the stitches were formed. The jacket features a full-front opening with a zipper closure; a high-neck, rib knit collar; long sleeves with rib knit cuffs; a rib knit bottom; and two side-entry pockets in the front at the waist. We are returning your sample, as requested.

The manufacturing operations for the woman’s knitted jacket, 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 shapes
-make pockets and sew them to front panels -sew half moon fabric insert to inside of center back panel -sew two rear princess panels to center back panel -sew raglan sleeves to front and back panels -sew side seams
-sew extra pieces to waistband
-sew waistband to body

In Country B
-partially sew collar to body
-make and sew zipper to body
-complete sewing of collar to body
-sew cuffs to sleeves.

Production Plan II
In Country A
-mark and make pattern
-cut piece goods into component shapes
-sew half moon fabric insert to inside of center back panel -sew two rear princess panels to center back panel -sew raglan sleeves to front and back panels -sew inner layer of collar to interlining -partially sew outer layer of collar to body 10 cm from center neck to side

In Country B
-sew side seams
-sew pieces to waistband
-sew waistband to body
-make and sew zipper to body
-sew remainder of collar to body
-sew cuffs to sleeves

Production Plan III
In Country A
-mark and make pattern
-cut piece goods into component shapes
-sew pockets to front panels
-sew half moon insert to center back panel -sew two rear princess panels to center back panel -sew raglan sleeves to front and back panels

In Country B
-sew inner layer of collar to interlining -sew outer layer of collar to body 10 cm from the center to the side -sew side seams
-sew small pieces to waistband
-sew waistband to bottom of interfacing
-sew waistband to body
-make and sew zipper to body
-sew remainder of collar to body
-sew cuffs to sleeves.
Please note that a ruling cannot be issued for your Production Plan II where the collar is partially attached in two countries. If you choose to resubmit your request for that production plan, please send us a partially completed sample which shows the garment in its condition as exported from Country A and imported to Country B. Also submit a thorough written description of all the steps in your assembly sequence and an explanation of the reason why each step is taken. Be sure to return the completed sample with your request.

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the woman’s knitted jacket, Style 0804165, will be 6102.20.0010, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for women’s overcoats --- windbreakers and similar articles, knitted or crocheted, other than those of heading 6104: of cotton: women’s. The rate of duty will be 16% ad valorem.

The jacket falls within textile category designation 335. 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

6102.20 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 heading 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 good must be assembled in a single country, territory or insular possession. Accordingly, as the jacket is assembled in more than one country, territory or insular possession, it does not satisfy the conditions of the tariff shift and 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, the woman’s knitted jacket, we note that, under Production Plan I and Production Plan III, the following constitute the most important assembly processes:

Under Production Plan I
-the sewing of the pockets to the front panels -the sewing of the half moon fabric to the center back panel -the sewing of the raglan sleeves to the front and back panel -the sewing of the side seams and
-the sewing of the waistband to the body, all of which occur in Country A;

Under Production Plan III
-the sewing of the collar to the body (in two steps) -the sewing of the side seams
-the sewing of the waistband to the body
-the making and sewing the zipper to the body -the sewing of the collar to the body and -the sewing of the cuffs to the sleeves, all of which occur in Country B.

Accordingly, the country of origin of the woman’s knitted jacket is Country A under Production Plan I and Country B under Production Plan III.

HOLDING:

The country of origin of the woman’s knitted jacket, Style 0804165, is Country A under Production Plan I and Country B under Production Plan 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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