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NY K80098




November 5, 2003

CLA-2-61:RR:NC:TA:361 K80098

CATEGORY: COUNTRY OF ORIGIN

Mr. Bernard Seah
Corporate Manager
Ghim Li Enterprise (USA) Inc.
501 Seventh Avenue, Suite 509
New York, NY 10018

RE: Country of origin determination for women’s knit shirts; 19 CFR 102.21(c)(4).

Dear Mr. Seah:

This is in reply to your letter dated September 30, 2003, requesting a country of origin determination for a pair of woman’s or girls knit polo shirts, style designation “Ladies/Girls Knit Polo Shirts (With Machine Applique/Embroidery and/or Printing).” The reference number for the request is 48/0801.

FACTS:

The submitted garment is a polo shirt constructed from 65 percent polyester, 35 percent cotton knit fabric. The shirt has a flat knit collar, a partial placket opening with a button closure; a chest pocket, short sleeves with rib knit cuffs; and a hemmed bottom with side slits.

You have indicated that the shirt may be made under one of the following production plans. These manufacturing operations for the shirts are as follows.

PRODUCTION PLAN I

Country A
Pattern Making and Marking
Fabric is cut into component parts
Machine applique/embroidery and/or printing on front/back panels or pocket/sleeves Placket is formed and attached to the front panel Button holes are sewn onto the placket
Pocket is sewn onto left chest with side label inserted Front and back panels are hemmed
Side slits are formed on front and back panels*

Country B
Front and back panels are joined at the shoulders Collar is attached
Main and care labels are attached
Sleeves are attached
Side seams are sewn
Rib knit cuffs are attached to sleeve openings Buttons are attached
Trimming, inspection, packing for export

PRODUCTION PLAN II

Country A
Pattern Making and Marking
Fabric is cut into component parts
Machine applique/embroidery and/or printing on front/back panels or pocket/sleeves Placket is formed and attached to the front panel Button holes sewn onto front placket
Pocket is sewn onto left chest with side label inserted Front and back panels are joined at the shoulders

Country B
Collar is attached
Main and care labels are attached
Sleeves are attached
Front and back panels are hemmed
Side seams are sewn
Side slits are formed on front and back panels Rib knit cuffs are attached to sleeve openings Buttons are attached
Trimming, inspection, packing for export

PRODUCTION PLAN III

Country A
Pattern Making and Marking
Fabric is cut into component parts
Machine applique/embroidery and/or printing on front/back panels or pocket/sleeves Placket is formed and attached to the front panel Button holes are sewn onto placket
Pocket is sewn onto left chest with side label inserted Front and back panels are joined at the shoulders Collar is attached
Main and care labels are attached

Country B
Sleeves are attached
Front and back panels are hemmed
Side seams are sewn
Side slits are formed
Rib knit cuffs are attached to sleeve openings Buttons are attached
Trimming, inspection, packing for export

*In forming the side slits, the front and back panels are tacked together extending above the slits

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 all 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 styles will be classified within the above noted range. The garments consist of two or more components and are not knit to shape. As the garments are not wholly assembled in a single country, the terms of the tariff shift are not met under any of the production plans.

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".

Under Production Plan 1, the most important assembly operations occur where the front and back panels are attached at the shoulder seams; the collar is attached; the sleeves are attached; the cuffs are sewn onto the sleeves, and the side seams are attached. Accordingly, the country of origin is Country B, the country in which these operations occur.

Under Production Plan 2, the most important assembly operations occur where the collar is attached; the sleeves are attached; the cuffs are sewn onto the sleeves, and the side seams are attached. Accordingly, the country of origin is Country B, the country in which these operations occur.

Under Production Plan 3, the most important assembly operations occur where the placket is formed and attached to the front panel, the pocket is attached to the front panel, the front and back panels are joined at the shoulder seams, and the collar is attached. Accordingly, the country of origin is Country A, the country in which these operations occur.

HOLDING:

The country of origin for the polo shirt under production plans 1 and 2 is Country B and under production plan 3 it is Country A. Based upon international textile trade agreements products of countries A and 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 Angela De Gaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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