United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2003 NY Rulings > NY J86091 - NY J86134 > NY J86133

Previous Ruling Next Ruling
NY J86133




August 18, 2003

CLA2-61:RR:NC:TA:359:J86133

CATEGORY: CLASSIFICATION

Ms. Jane Vergona
Air Import Manager
Total Port Clearance, Inc.
10 Fifth Street - 4th Floor
Valley Stream, New York 11581

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

Dear Ms. Vergona:

This is in reply to your letter dated July 14, 2003, submitted on behalf of your client, Belford, Inc., 1441 Broadway, New York City, requesting a classification and country of origin determination for women’s knitwear which will be imported into the United States. We are returning your sample as requested.

FACTS: The subject merchandise consists of Style “Gymboree”, a woman’s knitted pullover that is composed of 100% cotton fibers. The pullover features a round, capped neckline, long sleeves with tubular knit ends, and a tubular knit bottom. The pullover extends from the wearer’s neck and shoulders to below her waist. The jersey knit fabric of the pullover has more than nine stitches per two centimeters, measured in the direction in which the stitches are formed.

You also submitted the component panels and pieces 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 has a clear but non-continuous line of demarcation to indicate the fabric which must be cut off

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

Strip of Fabric for the Neckband.

For the purpose of determining the country of origin of the pullover, the back panel (noting the bottom, sides and armholes), the front panel (noting the bottom, sides and armholes), and the two sleeve panels (noting the ends, sides and the joining point) are all consider to be knit-to-shape components. Since these component panels (the “major parts”) are knit to shape, the pullover is considered knit to shape.

The manufacturing operations for the woman’s knitted pullover are as follows: In Thailand
-knit all panels and the neckband strip

In China
-loop (assemble) panels and strip into finished pullover.

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the woman’s knitted pullover, Style “Gymboree”, 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:

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 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 change classification from a heading outside the designated grouping, that is, outside headings 6101 through 6117. However, the change that takes place is from the parts of heading 6117 to the pullover in heading 6110. This is a change that takes place within the designated grouping. Accordingly, as the terms of the tariff shift are not satisfied, 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 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.

As the subject merchandise is knit to shape, and since it is knit in a single country, namely, in Thailand, Section 102.21(c)(3) applies.

HOLDING:

The country of origin of the woman’s knitted pullover, Style “Gymboree”, is Thailand. Based upon international textile trade agreements products of Thailand 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,

Previous Ruling Next Ruling

See also: