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NY J87004




September 9, 2003

CLA2-61:RR:NC:TA-359:J87004

CATEGORY: CLASSIFICATION

Mr. John A. Schoenig
Grunfeld, Desiderio, Lebowitz, Silverman & 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)(2); tariff shift

Dear Mr. Schoenig:

This is in reply to your letter dated July 31, 2003, submitted on behalf of your client, Liz Claiborne, Inc., North Bergen, New Jersey, requesting a classification and country of origin determination for women’s knitwear which will be imported into the United States. The sample is returned as you requested.

FACTS:

The subject merchandise is a woman’s knitted pullover (no style number) that consists of 100% cotton fibers. The 1X1 rib knit fabric of the pullover has more than nine stitches per two centimeters, measured in the direction in which the stitches are formed. The pullover features long, hemmed sleeves; a hemmed bottom; a v-shaped, capped neckline; and a small woven fabric insert at the top of each shoulder and around the rear neckline. You submitted the sample in two versions. “Version A” is the fully assembled pullover in a bleached, but not dyed condition that is produced in the Philippines. The sleeves are attached and hemmed. The front and back are joined at the shoulders; the neckline is capped; and the sides are sewn. Version “B” is the same pullover that has undergone additional processing, specifically dyeing, in China.

The manufacturing operations for the pullover are as follows: In the Philippines
-cut bleached fabric (of Hong Kong origin) into component parts -sew parts into assembled pullover

In China
-dye pullover
-ship to the United States.

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the woman’s knitted 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 U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, 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 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.

As the pullover is not knit to shape, consists of two or more component parts, undergoes a tariff classification change to an assembled good of heading 6110 from unassembled components and is wholly assembled in a single country, that is, in the Philippines, as the terms of the tariff shift provision require, the country of origin is conferred in the Philippines.

HOLDING:

The country of origin of the woman’s knitted pullover is the Philippines. Based upon international textile trade agreements products of the Philippines 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,

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