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NY J84069




June 2, 2003

CLA2-61:RR:NC:TA-359:J84069

CATEGORY: CLASSIFICATION

Mr. Doug Hyland
Nordstrom
Customs Compliance Department
1617 Sixth Avenue, Suite 1000
Seattle, Washington 98101-0870

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

Dear Mr. Hyland:

This is in reply to your letter dated May 6, 2003, requesting a classification and country of origin determination for women’s knitwear that will be imported into the United States. Your sample and its components are returned as requested.

FACTS: The subject merchandise consists of Style HL 69194, a woman’s jersey knitted cardigan sweater that is composed of 60% cotton, 40% acrylic fibers (the entire front, back, sleeves and collar) and 100% cotton fibers (the corduroy woven overlays on the front panels). The cardigan sweater features a full-front opening with a zippered closure; a stand up collar, sleeve cuffs and bottom waistband all of which are composed of rib knit fabric; a 100% polyester woven lining inside the front panels only; and two patch pockets at the waist which are part of an overlaid woven textile fabric that is sewn to the outside of each of most of the knitted front panels. The fabric of the body of the sweater has nine or fewer stitches per two centimeters, measured in the direction in which the stitches were formed.

You also submitted the component parts from which the sweater is made: Front panel -self-start bottom
-self-finished sides
-armholes and neckline contoured to shape during the knitting process -vertical line of demarcation in the form of a missed course of knit stitches which continues down the front panel and indicates where the front panel will be separated in half

Back panel
-self-start bottom
-self-finished sides
-armholes and neckline contoured to shape during the knitting process

Two sleeve panels
-self-start ends
-self-finished sides
-contoured to shape at the point of joining the body panels

Two sections of woven fabric for lining

Two sections of woven corduroy fabric for overlays and four sections for the pockets

Narrow strips of fabric for zipper facing, placket, collar and zipper.

The manufacturing operations for the cardigan sweater are as follows: In Hong Kong
-knit front, back, sleeve panels: knit collar and trimming

In China
-cut front panel in half along line of demarcation -assemble component panels by linking
-sew pockets to woven sections of overlays and sew overlays to front panels
-sew zipper and lining to sweater.

For the purpose of determining the country of origin of the cardigan sweater, we note that all of the component panels (the “major parts”), that is the front, back and sleeve panels, are considered 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 cardigan sweater, Style HL 69194, will be 6110.20.2020, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for sweaters --- and similar articles, knitted or crocheted: of cotton: other: other: sweaters: women’s. The rate of duty will be 16.9% ad valorem.

The sweater falls within textile category designation 345. 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

6110.20 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 that grouping, that is, from the component panels of heading 6117 to the sweater in heading 6110. Accordingly, as the terms of the tariff shift are not met, 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 Hong Kong, Section 102.21(c)(3) applies.

HOLDING:

The country of origin of the woman’s knitted cardigan sweater, Style HL 69194, is Hong Kong. Based upon international textile trade agreements products of Hong Kong 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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