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NY J83416




May 20, 2003

CLA-2-61: RR: NC: N3-359: J83416
CATEGORY: CLASSIFICATION
Ms. Allison M. Baron
Sharretts, Paley, Carter and Blauvelt
Seventy-five Broad Street
New York, New York 10004

RE: Classification and country of origin determination for women's knitwear; 19 CFR 102.21(c)(4) Dear Ms. Baron:
This is in reply to your letter dated April 10, 2003, and to additional information submitted April 23, 2003, on behalf of your client, Palmphil Garments Philippines Corp., requesting a classification and country of origin determination for a sample of women's knitwear which will be imported into the United States. FACTS:
The subject merchandise consists of Style AW43D512, a woman's knitted cardigan that has long, hemmed sleeves, an attached hood, a full-front opening with a zippered closure, a hemmed bottom and two slanted pocket at the front below the waist. The knitted pointelle fabric has more than nine stitches per two centimeters, measured in the direction in which the stitches were formed. The fiber content is 100% polyester. The cardigan also has a knit inner lining. A decorative 3/4 inch wide woven strip of fabric is sewn along the length of each sleeve. The manufacturing operations for the cardigan are as follows: In China
-knit fabric and cut it into component panels -construct hood and sleeves (including decorative strip) -construct pockets and attach to front panels -sew halves of each front panel and attach linings -sew zipper to right front panel
In the Philippines
-sew zipper to left front panel
-sew front and back panels at the shoulders -sew hood
-sew side seams
-sew sleeves.
ISSUE:
What are the classification and country of origin of the subject merchandise? CLASSIFICATION:
The applicable subheading for the cardigan, Style AW43D512 will be 6110.30.3055, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for sweaters, pullovers ---and similar articles, knitted or crocheted: of man-made fibers: other: other: other: other: other: women's. The rate of duty will be 32.2% ad valorem. The cardigan falls within textile category designation 639. 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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 6110.30.3055 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 cardigan is assembled in more than one country, 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 sewing of the zipper to the left front panel, the sewing of the front and back panels at the shoulder seams, the sewing of the hood to the garment, the sewing of the side seams and the sewing of the sleeves to the garment, all of which occur in the Philippines, constitute the most important assembly processes. Accordingly, the country of origin of the cardigan is the Philippines. HOLDING:
The country of origin of the cardigan, Style AW43D512 is the Philippines. Based upon international textile trade agreements products of the Philippines are 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,
National Commodity
Specialist Division


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