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NY J86076




August 13, 2003

CLA2-61:RR:NC:TA-359:J86076

CATEGORY: CLASSIFICATION

Mr. Bernard Seah
Ghim Li Global, Pte., Ltd.
No. 41 Changi South Avenue 2
Singapore 486153

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

Dear Mr. Seah:

This is in reply to your letter dated June 9, 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 8422/8422P/8422W, a woman’s knitted cardigan that has a full-front opening with a zippered closure; an attached hood with a drawstring closure and an inside lining; long, hemmed sleeves; a hemmed bottom; a half-moon insert on the inside of the rear neckline; a facing inside the front placket; and slanted pockets at the waist in the front. The fiber content of the cardigan is 95% cotton, 5% spandex. The jersey knit fabric of the cardigan has more than nine stitches per two centimeters, measured in the direction in which the stitches are formed.

You also submitted an earlier version for this garment that is in a partially assembled state. In this version there are two front panels to which are attached the zipper, the zipper facing and the two front pockets. There is also the back panel to which nothing is attached. This version shows the front and back panels united in a partially sewn state but this sewing connects only the lower side seams of the cardigan for only a short distance of six inches starting at the bottom. Neither the remainder of the side seams nor the shoulder seams are sewn together. The sleeve components are not present in your submission.

SPECIAL NOTE: We must point out that your partially assembled garment does not correspond in significant aspects to the descriptions that you give regarding your two proposed production processes. In view of this we note that our ruling response applies only to your finished sample as we have viewed and described it and to the statements of your production processes that are contained in your requesting letter. The ruling does not specifically address issues that may arise from consideration of the partially assembled garment.

The manufacturing operations for the woman’s knitted cardigan, according to the two production processes that you submitted, are as follows:

Under Production Plan I
In Country A
-make and mark pattern
-cut piece goods into component shapes
-open pockets and sew them to the front panels -sew half moon insert to back panel
-hem bottom
-sew zipper and facing to the front panels -construct hood and attach drawstring

In Country B
-sew front and back panels at the shoulder seams -sew sleeves to body and hem sleeves
-sew sleeves closed and sew side seams
-sew hood with drawstring to body;

Under Production Plan II
In Country A
-make and mark pattern
-cut piece goods into component shapes
-open pockets and sew them to the front panels -sew front and back panels at the shoulder seams -construct the hood with drawstring and sew it to body

In Country B
-sew sleeves to body and hem sleeves
-sew sleeves closed and sew side seams
-hem bottom
-sew zipper with facing to front panels.

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the woman’s knitted cardigan, Style 8422/ 8422P/ 8422W, 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.% ad valorem.

The cardigan 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:

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

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 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 cardigan 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
-sewing the front and back panels at the shoulder seams -sewing the sleeves to the body and hemming the sleeves -sewing the sleeves closed and sewing the side seams and -sewing the hood with the drawstring to the body, all of which occur in Country B;

Under Production Plan II
-sewing the sleeves to the body and hemming the sleeves -sewing the sleeves closed and sewing the side seams and -sewing the zipper with the facing to the front panels, all of which occur in Country B.

Accordingly, the country of origin of the woman’s knitted cardigan under both production plans is Country B.

HOLDING:

The country of origin of the woman’s knitted cardigan, under Production Plan I and Production Plan II, 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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