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NY J84229




June 5, 2003

CLA2-61:RR:NC:TA-359:J84229

CATEGORY: CLASSIFICATION

Mr. Bernard Seah
Corporate Manager
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 March 31, 2003, which we rejected for additional information on April 25th and which you have resubmitted. We received your resubmission on May 14th. You have requested a classification and country of origin determination for women’s knitwear that will be imported into the United States. Your sample is returned as requested.

FACTS:

The subject merchandise consists of Style 3A713 / 3A760QT, a woman’s knitted pullover that features a hood and raglan sleeves. The fiber content of the body is 80% cotton, 20% polyester, while that of the rib knit waistband and rib knit side panels is 100% cotton. The fabric of the pullover features a napped interior and a brushed (”sueded”) exterior, except for one rib knit strip on each side of the garment underneath the armhole that extends vertically from the armhole to the top of the rib knit waistband. Each strip is three and one-half inches wide. The pullover has long, raglan sleeves with rib knit cuffs; an attached hood that is made from two layers of fabric and that also has a drawstring closure; a pronounced rib knit waistband that measures three inches high; kangaroo pockets at the waist; and appliqued letters and numbers in combination with embroidery at the chest.

The manufacturing operations for the woman’s knitted pullover, under the three production processes that you have submitted, are as follows:

Production Plan I
In Country A
-make and mark pattern
-cut piece goods into component shapes
-embroider and applique front panels
-sew pockets to front panels
-sew front and back panels at side seams but not waistband by attaching vertical rib knit strip

In Country B
-sew cuffs to sleeves and sew sleeves to body -sew waistband to body
-construct hood with drawstring and sew it to body

Production Plan II
In Country A
-make and mark pattern
-cut piece goods into component shapes
-embroider and applique front panel
-sew pockets to front panel
-sew front and back panels at side seams but not waistband by attaching vertical rib knit strip

In Country B
-sew cuffs to sleeves and sew sleeves to body -sew hood to body
-sew waistband to body

Production Plan III
In Country A
-make and mark pattern
-cut piece goods into component shapes
-embroider and applique front panel
-sew pockets to front panel
-sew front and back panels at side seams but not waistband by attaching vertical rib knit strips
-sew cuffs to sleeves
-construct hood with drawstring

In Country B
-sew sleeves to body
-sew hood to body
-sew rib knit waistband to body.

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the woman’s knitted pullover, Style 3A713 / 3A760QT will be 6110.20.2075, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for sweaters, pullovers --- and similar articles, knitted or crocheted: of cotton: other: other: other: women’s. The rate of duty will be 16.9% ad valorem.

The pullover 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 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 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 pullover 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 following constitute the most important assembly processes: Under Production Plan I
-the sewing of the cuffs to the sleeves and the sewing of the sleeves to the body;
-the sewing of the waistband to the body and -the making of the hood with drawstring and sewing it to the body, all of which occur in Country B;

Under Production Plan II
-the sewing of the cuffs to the sleeves and the sewing of the sleeves to the body;
-the sewing of the hood to the body and
-the sewing of the waistband to the body, all of which occur in Country B;

Under Production Plan III
-the sewing of the sleeves to the body;
-the sewing of the hood to the body and
-the sewing of the waistband to the body, all of which occur in Country B.

Accordingly, the country of origin of the pullover, under all three production processes, is Country B.

HOLDING:

The country of origin of the woman’s knitted pullover, Style 3A713 / 3A760QT, for all three of the production processes is Country B. Based upon international textile trade agreements products of Country B 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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