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NY J84579




June 24, 2003

CLA2-RR:NC:WA:359 J84579

CATEGORY: CLASSIFICATION

Ms. Karanda Ho
Loueny Knitters, Inc.
250 West Beaver Creek Road, Unit 8
Richmond Hill, Ontario, Canada L4B 1C7

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

Dear Ms. Ho:

This is in reply to your letter dated May 13, 2003, requesting 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 W-3, a woman’s 100% cotton, knitted, short sleeve pullover, which features a round neckline that is finished with knitted capping. The fabric of the short sleeve pullover is made from a 1x1 allover rib knit structure that has more than nine stitches per two centimeters, measured in the direction in which the stitches are formed.

You have also submitted the component panels and parts from which the sleeveless pullover is formed. These are

Front Panel
-self-start bottom
-self-finished sides
-armholes contoured to shape during the knitting process -clear but not continuous line of demarcation at the neckline

Back Panel
-self-start bottom
-self-finished sides
-armholes contoured to shape during the knitting process -clear but not continuous line of demarcation at the neckline

Sleeve Panels
-self-start ends
-self finished sides
-contoured to shape during the knitting process at the point of joining the body

Strips of narrow knitted fabric for the Neckline Capping

The manufacturing operations for the short sleeve pullover are as follows:

In Hong Kong
-knit front and back and sleeve panels

In China
-assemble panels by linking

For the purpose of determining the country of origin of the short sleeve pullover, the front and back panels are considered knit to shape by virtue of their self-start bottoms, self-finished sides and contoured to shape armholes. The sleeve panels are considered knit to shape by virtue of their self-start ends, self-finished sides and contoured armholes. Further, the front, back and sleeve panels, considered together, constitute more than 50 percent of the total surface area of the sleeveless pullover.

ISSUE:

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

CLASSIFICATION:

The applicable subheading for Style W-3, the short sleeve pullover, 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 short sleeve 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 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 group. In this instance, however, the tariff change occurs within the designated group, that is, from the component panels of heading 6117 to the pullover of heading 6110. Accordingly, as the pullover does not fulfill the terms of 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.

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 directly to the shape used in the good, with no consideration being given to patch pockets, appliques or the like. Minor cutting, trimming or sewing of those major parts will not affect the determination of whether the good is knit to shape.

(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 parts.

As the subject merchandise is knit to shape in a single country, namely, Hong Kong, Section 102.21(c)(3) applies.

HOLDING:

The country of origin of the woman’s knitted short sleeve pullover, Style W-3, 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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