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NY J87231




September 10, 2003

CLA-2-61:RR:NC:TA:361 J87231

CATEGORY: COUNTRY OF ORIGIN

Mr. Alan R. Klestadt
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP Counselors at Law
245 Park Avenue - 33rd Floor
New York, NY 10167-3397

RE: Country of origin determination for a woman’s knit shirt; 19 CFR 102.21(c)(4).

Dear Mr. Klestadt:

This is in reply to your letter dated August 19, 2003, requesting a country of origin determination for a woman’s knit shirt on behalf of Mast Industries. The submitted components will be returned, as you requested.

FACTS:

The submitted garment is a woman’s knit shirt to be imported under style 96N2392. The submitted garment has partial placket opening; a three-button closure; long sleeves; and a self start bottom. The garment is constructed from 100 percent cotton fabric with a variable rib knit pattern. The pattern has more than ten stitches per centimeter measured in both the horizontal and vertical directions.

The front panel has a self-start bottom, self finished sides, and full fashion marks at the armholes. The back panel is similarly constructed with a self-start bottom, self finished sides, and full fashion marks at the armholes. The sleeves also have a self-start bottom, self finished sides, and full fashion marks at the armholes. Therefore, the front, back, and sleeves meet the definition of knit to shape components. You have indicated that the shirt will be made in the following production plan.

Hong Kong
Back panel is knit to shape
Sleeve panels are knit to shape

Country B
Front panel is knit to shape
Placket is knit
Fabric strip that will be used to finish the neckline is knit The shirt is fully assembled

ISSUE:

What is the country of origin of the subject merchandise?

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at 19 U.S.C. 3592), enacted on December 8, 1994, provided rules of origin for textiles and apparel entered, or withdrawn from warehouse for consumption, on and after July 1, 1996.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 garment is not wholly obtained or produced in a single country, territory or insular possession, paragraph (c)(1) of Section 102.21 is inapplicable under both production plans.

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 6101–6117
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. If the good is not knit to shape and does not consist of two or more component parts, a change to heading 6101 through 6117 from any heading outside that group, except from heading 5007, 5111 through 5113, 5208 through 5212, 5309 through 5311, 5407 through 5408, 5512 through 5516, 5806, 5809 through 5811, 5903, 5906 through 5907, and 6001 through 6002, and subheading 6307.90, and provided that the change is the result of a fabric-making process. 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.

The subject garment will be classified within the above noted range, in headings 6106 and is knit to shape. However, it fails to meet the applicable tariff shift requirement as the components are classifiable under Heading 6117, HTSUSA, which is not outside the specified group (heading 6101-6117). Therefore, the tariff shift rule is not met 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.

In this instance, the garment is comprised of components that have not been knit to shape in a single country, 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".

The most important manufacturing operations occur where the back panel and sleeves are knit to shape. Accordingly, the country of origin is the country in which these operations occur, that is, country Hong Kong.

HOLDING:

The country of origin for the submitted garment is Hong Kong.

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 Angela De Gaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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