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NY J84633




June 20, 2003

CLA2-61:RR:NC:N3:TA-359: J84633

CATEGORY: CLASSIFICATION

Mr. John A. Schoenig
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt, LLP 245 Park Avenue, 33rd Fl.
New York, New York 10167-3397

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

Dear Mr. Schoenig:

This letter replaces New York Ruling Letter (NYRL) J80829, which we issued to you on March 13, 2003. In a subsequent facsimile message to us, dated May 12, 2003, you requested that we clarify our description of one of the steps that occur when the merchandise is processed in China. Please see page 2 of this response, the paragraph that gives details of the processing in China, at line 3. This now reads -sew front and back panels at the shoulder and side seams. In all other respects the original NYRL remains unchanged.

This is in reply to your letter dated February 13, 2003, on behalf of your client, Liz Claiborne, Inc., requesting a classification and country of origin determination for women’s knitwear that will be imported into the United States. Your sample and its component panels and fabric pieces which you have submitted, are returned as requested.

FACTS:

The subject merchandise consists of Style VLSF-2091, a woman’s pullover that is composed of knit and woven fabrics. The front and the back of the pullover are made from jersey knit fabric that consists of 60% cotton, 40% rayon fibers; while the sleeves, the collar and the v-shaped front neck are made from woven fabric that consists of 65% polyester, 35% cotton fibers. The knit fabric has more than nine stitches per two centimeters, measured in the direction in which the stitches were formed. The pullover covers the wearer’s upper body from her neck and shoulders to below her waist. The pullover features a shirt-type collar, long sleeves with cuffs and a tubular bottom.

You also submitted the knitted component panels and the woven pieces from which the pullover is constructed. These consist of Back Panel (Knit)
-self-start tubular bottom
-self-finished sides
-armholes contoured to shape during the knitting process -a clear but not continuous line of demarcation at the neck formed by dropping some knit stitches during the knitting process to indicate the area of fabric to be cut

Front Panel (Knit)
-self-start tubular bottom
-self-finished sides
-armholes contoured to shape during the knitting process -clear and continuous line of demarcation at the neck formed by dropping knit stitches to indicate the area to be cut

Strips of Knit Capping for the Neck and Armholes

Woven Fabric Pieces
-two sleeves
-sleeve cuffs
-sleeve cuff plackets
-front neckline
-upper and lower collar.

The manufacturing operations for the pullover are as follows: In Swaziland
-knit front and back panels
-knit capping for armholes and neck

In China
-weave fabric and cut into pieces
-sew cuffs to sleeves
-sew front and back panels at the shoulder and side seams -sew capping to front and back panels
-sew sleeves to body
-assemble placket, collar and neck front and sew to body.

For the purpose of determining the country of origin of the pullover, the front and back panels are considered knit to shape because of their self-start bottoms, their self-finished sides, their armholes which are contoured to shape during the knitting process (both panels), and the neck of the front panel (only) which has a clear and continuous line of demarcation. Further, the front and back panels, considered together, constitute more than 50 percent of the total surface area of the pullover.

ISSUE:

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

CLASSIFICATION:

Since the pullover consists of two different fabrics, its classification is governed by the General Rules of Interpretation (GRI ), Harmonized Tariff Schedule of the United States Annotated. According to the GRIs, classification of apparel made from more than one fabric is dependent on the fabric which provides the garment with its essential character. In the case of this pullover the essential character is rendered by the knit fabric, GRI 3 (b), noted.

The applicable subheading for the pullover, Style VLSF-2091, 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 U.S. Customs Service Textile Status Report, an internal issuance which is available at the Customs Web Site at WWW.CUSTOMS.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 that group, that is, from the component panels of heading 6117 to the pullover in 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 or crocheted 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, that is, in Swaziland, Section 102.21(c)(3) applies.

HOLDING:

The country of origin of the pullover, Style VLSF-2091, is Swaziland. Based upon international textile trade agreements, this product of Swaziland is subject to quota but does not require 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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