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NY J81566

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March 13, 2003

CLA2-RR:NC:TA:N3:358 J81566

CATEGORY: CLASSIFICATION

TARIFF NO. 6110.20.2075

Mr. Bernard Seah
Country General Manager
Ghim Li Group of Companies
No. 41 Changi South Avenue
2 Singapore 486153

RE: Classification and country of origin for girl’s hooded pullover; 19 CFR 102.21(c)(4)

Dear Mr.Seah:

This is in reply to your letter dated February 26, 2003, requesting a classification and country of origin determination for a girl’s hooded pullover which will be imported into the United States. The style number is 78550.

FACTS:

The subject-hooded garment has a partial front zipper opening, a pouch pocket with scooped side entries, hemmed fabric at the hood, and ribbed knit fabric at the pocket, sleeve and waistband openings. The item has machine applique and embroidery work on one side of the zipper opening and two diagonally aligned bands of narrow fabric overlays over the pouch pocket. The item is made of jersey knit fabric that is 100 % cotton. For purposes of the ruling it is assumed the garment is sized for girls’ 2 to 16.

The article will be manufactured in unnamed countries A, B and C. Six prospective production plans are contemplated.

Production Plan One

Country A

Pattern making and marking
Piece goods are cut into component shapes Machine applique and embroidery onto the front panel

Country B

- Pocket is sewn onto the front panel with piping The raglan sleeves are attached to the main body The hood is constructed
Attach zipper to front placket

Country C

The hood is attached to the main body
Insert main and care label on the back of neck The side seams are sewn
Attach rib waistband to the main body
Attach rib cuffs to sleeves
Trimming of thread
Final inspection
Packing for export

Production Plan Two

Country A

Pattern making and marking
Piece goods are cut into component shapes - Machine applique and embroidery onto the front panel - Pocket is sewn onto the front panel with piping The raglan sleeves are attached to the main body The hood is constructed
Attach zipper to front placket

Country B

The hood is attached to the main body
Insert main and care label on the back of neck The side seams are sewn
Attach rib waistband to the main body
Attach rib cuffs to sleeves
Trimming of thread
Final inspection
Packing for export

Production Plan Three

Country A

Pattern making and marking
Piece goods are cut into component shapes Machine applique and embroidery onto the front panel

Country B

- Pocket is sewn onto the front panel with piping The side seams of front and back panels are partially joined from the bottom Attach rib waistband to the partially joined body - The hood is constructed

Country C

Attach zipper to front placket
The raglan sleeves are attached to the main body The hood is attached to the main body
Insert main and care label on the back of neck The side seams are completely joined together Attach rib cuffs to sleeves
Trimming of thread
Final inspection
Packing for export

Production Plan Four

Country A

Pattern making and marking
Piece goods are cut into component shapes - Machine applique and embroidery onto the front panel - Pocket is sewn onto the front panel with piping The side seams of front and back panels are partially joined from the bottom Attach rib waistband to the partially joined body - The hood is constructed

Country B

Attach zipper to front placket
The raglan sleeves are attached to the main body The hood is attached to the main body
Insert main and care label on the back of neck The side seams are completely joined together Attach rib cuffs to sleeves
Trimming of thread
Final inspection
Packing for export

Production Plan Five

Country A

Pattern making and marking
Piece goods are cut into component shapes - Machine applique and embroidery onto the front panel - Pocket is sewn onto the front panel with piping The side seams of front and back panels are joined to the bottom Attach rib waistband to the join body
The raglan sleeves are attached to the main body Attach rib cuffs to sleeves

Country B

Attach zipper to front placket
The hood is constructed and attached to the main body Insert main and care label on the back of neck Trimming of thread
Final inspection
Packing for export

Production Plan Six

Country A

Pattern making and marking
Piece goods are cut into component shapes - Machine applique and embroidery onto the front panel - Pocket is sewn onto the front panel with piping The side seams of front and back panels are joined to the bottom Attach rib waistband to join body
The raglan sleeves are attached to the main body Attach rib cuffs to sleeves

Country B

Attach zipper to front placket
The hood is constructed and attached to the main body Insert main and care label on the back of neck

Country C

Trimming of thread
Final inspection
- Packing for export

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the girl’s garment, style number 78530, will be 6110.20.2075, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for women’s or girls’ pullovers and similar articles, knitted or crocheted, of cotton, other. The rate of duty will be 17.3 percent ad valorem.

Style number 78530, 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 (1) 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 country of origin for the girl’s garment is the country where the unassembled components are wholly assembled. Accordingly, as the garment is not assembled in a single country, 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 this case, the assembly of the garment, under the proposed production plans, occurs in countries A, B and C.

For Production Plan One, it is the opinion of this office, that the assembly in country B, where, among other activities, the sewing of the pocket to the front panel, the sewing of the raglan sleeves to the main body and the sewing of the zipper to the main body occur, constitute the most important assembly processes. Accordingly, for Production Plan One, the country of origin of style number 78530 is country B.

For Production Plan Two, it is the opinion of this office, that the assembly in country A, where, among other activities, the sewing of the pocket to the front panel, the sewing of the raglan sleeves to the main body and the sewing of the zipper to the front placket occur, constitute the most important assembly processes. Accordingly, for Production Plan Two, the country of origin of style number 78530 is country A.

For Production Plan Three, it is the opinion of this office, that the assembly in country C, where, among other activities, the sewing of the zipper to the front placket, the sewing of the raglan sleeves to the main body, the sewing of the hood to the main body, and the sewing of the left and right side seams completely, constitute the most important assembly processes. Accordingly, for Production Plan Three, the country of origin of style number 78530 is country C.

For Production Plan Four, it is the opinion of this office, that the assembly in country B, where, among other activities, the sewing of the zipper to the front placket, the sewing of the raglan sleeves to the main body, the sewing of the hood to the main body and the sewing of the left and right side seams completely occur, constitute the most important assembly processes. Accordingly, for Production Plan Four, the country of origin of style number 78530 is country B.

For Production Plan Five, it is the opinion of this office, that the assembly in country A, where, among other activities, the pocket is sewn to the front panel with piping, the side seams of the front and back panels are joined to the bottom, the sewing of the raglan sleeves to the main body and the attachment of the rib waistband to join the body occur, constitute the most important assembly processes. Accordingly, for Production Plan Five, the country of origin of style number 78530 is country A.

For Production Plan Six, it is the opinion of this office, that the assembly in country A, where, among other activities, the pocket is sewn to the front panel with piping, the side seams of the front and back panels are joined to the bottom, the sewing of the raglan sleeves to the main body and the attachment of the rib waistband to join the body occur, constitute the most important assembly processes. Accordingly, for Production Plan Six, the country of origin of style number 78530 is country A.

HOLDING:

The country of origin of the girl’s garment, style number 78530 for Production Plan One and Production Plan Four is country B. The country of origin of the girl’s garment, for Production Plan Two, Production Plan Five and Production Plan Six is country A. The country of origin of the girl’s garment, for Production Plan Three is country C. Based upon international textile trade agreements products of country A, B and C may be subject to quota and the requirements 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 Bruce Kirschner at 646-733-3048.

Sincerely,

Robert B. Swierupski
Director,

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See also:

• Tariff No.: 6110.20.20 - Sweaters, pullovers and similar articles, knitted or crocheted, of cotton, nesoi
• Tariff No.: 6209.20.50 - Babies' garments & clothing acc. nesoi, of cotton, incl. sunsuits & sim app, sets & parts of sets, & diapers, not knitted or crocheted