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NY J83728




May 21, 2003

CLA2-61:RR:NC:N3-359:J83728

CATEGORY: CLASSIFICATION

Mr. Pak To (Patrick) Yeung
Come Long Fashion Knits Ltd.
8th Floor, Universal Industrial Bldg.
60-62 Sha Tsui Road
Tsuen Wan, New Territories
Hong Kong

RE: Classification and country of origin determination for women’s knitwear; 19 CFR 102.21(c)(4)

Dear Mr. Yeung:

This is in reply to your letter dated April 17, 2003, requesting a classification and country of origin determination for women’s knitwear that will be imported into the United States. Your samples are returned as requested

FACTS: The subject merchandise consists of a woman’s knitted cardigan that consists of 100% polyester fibers. Its fabric is napped on each side and it has more than nine stitches per two centimeters, measured in the direction in which the stitches were formed. The cardigan features a full-front opening with a zippered closure; an attached, self-fabric hood; long sleeves that are unfinished at the ends; an unfinished bottom; and two slanted pockets at the waist. The cardigan is subdivided into several panels of varying shapes. There are four panels at the back and six at the front. A narrow strip of woven fabric covers each seam that unites these panels. There are also narrow strips of rib knit fabric at the edges of the front placket and near the bottom of the cardigan. This cardigan has no assigned style number.

Your request covers the production of this cardigan under three possible versions. You have submitted three additional samples of the cardigan, each one partially assembled in the first country of production to illustrate what in particular happens there. Version I illustrates the hood and all the front and back panels sewn together, along with the placket and its zipper, the pockets and the woven strips of fabric which cover the seams. In this version the sleeves, which have two seams on the finished cardigan, have only one seam sewn and they are not sewn to the other garment parts. Version II demonstrates the same production method for the hood and the front and back panels. However, in this version both seams of the sleeves are sewn (i.e., the sleeves are closed) but they are still not sewn to the other panels. Version III shows the same production process as Version I.

The manufacturing operations for the cardigan are as follows: Version I
In China
-cut fabric into component panels
-construct front panels, back panels, hood and sleeve panels -sew zipper to left and right front panels -sew hood to front and back panels
-sew front and back panels at the shoulder seams

In the Commonwealth of the Northern Mariana Islands (CNMI) -sew side seams
-sew sleeves to body

Version II
In China
-cut fabric into component panels
-construct front, back, sleeve and hood panels -sew zipper to left and right front panels -sew hood to front and back panels
-sew front and back panels at the shoulder seams

In the CNMI
-sew side seams
-sew sleeves to body

Version III
In China
-cut fabric into component panels
-construct front, back, sleeve and hood panels -sew zipper to left and right front panels -sew hood to front and back panels
-sew front and back panels at the shoulder seams

In the CNMI
-sew side seams
-sew sleeves to body.

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the woman’s knitted cardigan 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 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 tariff shift must be the result of the good being wholly assembled in a single country, territory or insular possession. Under the three versions of the production process that you have submitted, assembly processing occurs in more than one country, territory or insular possession and therefore, the terms of the tariff shift are not fulfilled. Accordingly, as the cardigan does not qualify for the tariff shift, 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, according to all three of the versions of the production process that you have submitted, the following constitute the most important assembly processes: -the sewing of the zipper to the left and right front panels -the sewing of the hood to the front and back panels and -the sewing of the front and back panels at the shoulder seams, all of which occur in China.
Accordingly, the country of origin of the woman’s knitted cardigan under all three of the production processing versions that you have submitted is China.

HOLDING:

The country of origin of the cardigan is China. Based upon international textile trade agreements products of China 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,

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