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NY J88978





October 8, 2003

CLA2-61-RR:NC:TA-359:J88978

CATEGORY: CLASSIFICATION

Mr. Patrick Yeung
Come Long Fashion Knits, Ltd.
8/F Universal Industrial Bldg.
60-62 Sha Tsui Road
Tsuen Wan, New Territory,
Hong Kong

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

Dear Mr. Yeung:

This is in reply to your letter dated October 3, 2003, requesting a classification and country of origin determination for women’s knitwear that will be imported into the United States. The sample and its component panels are retained with your permission for instructional purposes.

FACTS: The subject merchandise consists of a woman’s knitted jacket, Style 121, which consists of 100% polyester fibers in the body and 100% cotton fibers in the rib knit trim. The jacket has a full-front opening with a placket and a six button closure; an attached self-fabric hood with a drawstring closure; long sleeves with rib knit cuffs; a rib knit bottom; and slanted pockets at the waist that are finished with rib knit capping. The body fabric of the jacket is napped on each side.

. You have also submitted the component parts of the garment that show the partially assembled jacket after processing in China. In this version of the sample the front and back panels are sewn at the shoulders and the hood with the drawstring is sewn to the front and back panels. The placket with the buttons and buttonholes and the slanted pockets below the waist are sewn to the front panels. In addition, you furnished these parts which are separated from the body of the jacket: the sleeves with the cuffs attached and the rib knit waistband.

The manufacturing operations for the jacket are as follows:

In China

-cut component panels and parts from rolled fabric -sew capping to pocket edges
-sew pockets to front panels
-sew buttons to placket and construct buttonholes -sew placket to front panels
-sew front and back panels at shoulder seams -attach drawstring to hood
-sew hood to join front and back panels
-sew rib knit cuffs to sleeves and construct sleeves -construct rib knit waistband

In the Commonwealth of the Northern Mariana Islands (CNMI)

-sew side seams
-sew sleeves to body
-sew rib knit waistband to body
-sew labels to body
-iron, inspect and pack garment.

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the woman’s knitted jacket, Style 121, will be 6102.30.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for “Women’s or girls’ overcoats --- windbreakers and similar articles, knitted or crocheted, other than those of heading 6104: Of man-made fibers: Other: Women’s.” The rate of duty is 28.4% ad valorem.

The jacket falls within textile category designation 635. 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:

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

6102.30 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 jacket in your processing operations, is assembled in more than one country, territory or insular possession, it does not satisfy the conditions of the tariff shift. Therefore, 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 woman’s knitted jacket, the following constitute the most important assembly processes: -sewing the pockets to the front panels
-sewing the placket to the front panels
-sewing the front and back panels at the shoulder seams and -sewing the hood to join the front and back panels, all of which occur in China.

Accordingly, the country of origin of the woman’s knitted jacket, under the production process described, is China.

HOLDING:

The country of origin of the woman’s knitted jacket, Style 121, under your proposed production process is China. Based upon international textile agreements this merchandise from China is subject to quota restraints 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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