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NY J86027




August 11, 2003

CLA2-61:RR:NC:TA-359:J86027

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 June 23, 2003, requesting a classification and country of origin determination for women’s knitwear that will be imported into the United States. Your samples, which consist of two versions of the same style, are returned as requested.

FACTS:

The subject merchandise consists of a woman’s knitted jacket that is composed of 80% cotton, 20% polyester fibers (the body) and 100% cotton (the rib knit trim). The jacket has a full-front opening with a zippered closure; long, raglan sleeves with rib knit cuffs; an attached hood with a drawstring closure and slanted pockets at the waist. The fabric of the majority of the jacket is a terry knit that is brushed on one side. Exceptions are the rib knit fabric on the cuffs and waistband and a rib knit strip on each side of the jacket underneath the armhole that extends vertically from the armhole to the top of the rib knit waistband. Each rib knit strip measures three and one-half inches wide.

SPECIAL NOTE: Your submission consists of two versions of this style - one is a seemingly completed sample with all parts of the garment attached but with a paper sketch covering the shoulders. This garment has squared shoulders but the paper sketch indicates that they are to be replaced by raglan sleeves. The second version of the sample is not complete - the hood and the zipper are not attached. The hood is present but separated from the sample, while the zipper is missing from the submission altogether. This sample shows the garment with raglan sleeves. Neither version of the sample shows the actual embroidery (or applique work) across the chest. It is indicated on the sketches, however. We are issuing this ruling based on the understanding that the finished jacket, as imported, will have raglan sleeves and embroidery (or applique work) across the chest. Any deviations from this standard should be immediately brought to our attention.

The manufacturing operations for the woman’s knitted jacket, according to the three production plans that you submitted, are as follows: Under Production Plan I
In Country A
-make and mark pattern
-cut piece goods into component panels and shapes -applique or embroider front panels
-sew pockets to front panels
-sew front and back panels together by sewing both to the vertical side strips
-sew raglan sleeves with their cuffs to body -sew rib knit waistband to body

In Country B
-sew zipper to the body
-make hood with drawstring and sew it to body -care label
-inspection

Under Production Plan II
In Country A
-make and mark pattern
-cut piece goods into component panels and shapes -applique or embroider front panel
-sew pockets to front panels
-sew front and back panels together by sewing both to the vertical side seams
-sew raglan sleeves with their cuffs to body -sew waistband to body

In Country B
-sew zipper to body
-make hood and sew to body
-care label

In Country A
-final inspection

Under Production Plan III
In Country A
-make and mark pattern
-cut piece goods into component panels and shapes -applique or embroider front panel

In Country B
-sew pockets to front panel
-sew front and back panels by attaching vertical strip at side seams
-sew raglan sleeves with cuffs to body
-sew waistband to body

In Country C
-sew zipper to body
-make hood and sew to body
-care label

In Country B
-final inspection.

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the woman’s knitted jacket, Style 4A702, will be 6102.20.0010, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for women’s or girls’ overcoats --- windbreakers and similar articles, knitted or crocheted, other than those of heading 6104: of cotton: women’s. The rate of duty will be 16% ad valorem.

The jacket falls within textile category designation 335. 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:

Section 334 of the Uruguay Round Agreements Act (codified at 19 U.S.C. 3592), enacted on December 8, 1994, provided rules of origin for textiles and apparel entered, or withdrawn from warehouse for consumption, on and after July 1, 1996. Section 102.21, Customs Regulations (19 C.F.R. 102.21), published September 5, 1995, in the Federal Register, implements Section 334 (60 FR 46188). Section 334 of the URAA was amended by section 405 of the Trade and Development Act of 2000, enacted on May 18, 2000, and accordingly, section 102.21 was amended (68 Fed. Reg. 8711). Thus, the country of origin of a textile or apparel product shall be determined by the 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

6102.20 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 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 jacket 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 woman’s knitted jacket, Style 4A702, the following constitute the most important assembly processes: Under Production Plan I
-the sewing of the pockets to the front panels -the sewing of the front and back panels together by sewing both to the vertical side strip
-the sewing of the sleeves with the cuffs to the body and -the sewing of the rib knit waistband to the body, all of which occur in Country A;

Under Production Plan II
-the sewing of the pockets to the front panels -the sewing of the front and back panels together by sewing both to the vertical side strip at the side seams -the sewing of the sleeves with the cuffs to the body and -the sewing of the waistband to the body, all of which occur in Country A;

Under Production Plan III
-the sewing of the pockets to the front panels -the sewing of the front and back panels by attaching them to the vertical strips at the side seams
-the sewing of the raglan sleeves with the cuffs 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 woman’s knitted jacket is Country A under Production Plan I; Country A under Production Plan II; and Country B under Production Plan III.

HOLDING:

The country of origin of the woman’s knitted jacket, Style 4A702, is Country A under the first two production plans and Country B under the third production plan. Based upon international textile trade agreements products of such countries 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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