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NY J86038




August 6, 2003

CLA2-61:RR:NC:TA-359:J86038

CATEGORY: CLASSIFICATION

Mr. Frank J. Desiderio
Grunfeld, Desiderio, Lebowitz, Silverman and Klestadt, LLP 245 Park Avenue, 33rd Floor
New York, New York 10167-3397

RE: Classification and country of origin determination for women’s knitwear; 19 CFR 102.21(c)(4)

Dear Mr. Desiderio:

This is in reply to your letter dated July 3, 2003, that you submitted on behalf of your client, Hampshire Designers, Inc., 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 a woman’s knitted pullover, for which you gave no style number, which has a crew neckline, long sleeves with rib knit cuffs and a rib knit bottom. The jersey knit fabric of the pullover has more than nine stitches per two centimeters, measured in the direction in which the stitches were formed. The fiber content of the garment is 100% cotton. You also submitted the component parts of the pullover. These consist of the following: Back Panel
-self-start bottom
-self-finished sides
-armholes contoured to shape during the knitting process;

Front Panel
-self-start bottom
-self-finished sides
-armholes contoured to shape during the knitting process -neckline contoured to shape during the knitting process;

Sleeve Panels
-self-start ends
-self-finished sides
-contoured to shape at the point of joining the sleeves to the body;

Strip of Rib-Knit Fabric for the Crewneck -three self-finished sides.

For the purpose of determining the country of origin of the woman’s knitted pullover, all of its major parts, that is, the front, the back and the two sleeves, are considered knit to shape. In addition, the crew neck strip is considered knit to shape.

The manufacturing operations for the woman’s knitted pullover are as follows: In Mauritius
-knit the front, back and sleeve panels;

In China
-knit the strip for the crewneck
-assemble all panels and parts to form the pullover.

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the woman’s knitted, cotton 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 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 the good must undergo a change in classification from any heading that is outside of the designated group (heading 6101 through 6117). Since the change for the instant merchandise occurs within the designated grouping, that is, from the parts in heading 6117 to the pullover in heading 6110, the good does not qualify under this provision. Accordingly, as the terms of the tariff shift do not apply, the pullover does not qualify 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.

Section 102.21(b) states the following:

(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 a 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.

Although the subject merchandise is knit to shape, it is not knit to shape in a single country, territory, or insular possession. Therefore, 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, cotton pullover, the knitting to shape of the front, back and sleeve panels, which takes place in Mauritius, constitutes the most important manufacturing process. Accordingly, the country of origin of the woman’s knitted, cotton pullover is Mauritius.

HOLDING:

The country of origin of the woman’s knitted, cotton pullover is Mauritius. Based upon international textile trade agreements products of Mauritius are not subject to quota but do 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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