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NY K80545




December 4, 2003

CLA2-61:RR:NC:TA-359: K80545

CATEGORY: CLASSIFICATION

Ms. Brenda A. Jacobs
Sidley, Austin, Brown & Wood, LLP
1501 K Street, N.W.
Washington, D.C. 20005

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

Dear Ms. Jacobs:

This is in reply to your letter dated November 5, 2003, on behalf of Hoi Meng Garment Manufacturing, Ltd., 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 parts that you submitted for examination are returned as requested.

FACTS:

The subject merchandise consists of Style E90447, a woman’s knitted, sleeveless pullover that is composed of 100% nylon fibers and that is constructed from a double layer of fabric. This means that each side of the body of the pullover has two layers of knit fabric firmly sewn together at the sides, the bottom, the neck and the armholes. The fabric used in this garment consists of a knitted pointelle (open mesh) construction which has more than nine stitches per two centimeters, measured in the direction in which the stitches were formed. The sleeveless pullover features a neckline that is round in front but lays straight and above the nape of the neck in back; a hemmed bottom; a double layer of textile fabric piping that finishes the neckline and the armholes; and two textile fabric drawstrings that extend vertically down each side of the pullover and that are inserted through a textile fabric tunnel. The latter feature allows the pullover to be raised at either side (or at both sides) as a fashion statement, if the wearer so intends.

You also submitted a partially assembled pullover which you have designated as “Sample 1”. The package of component parts that is labeled “Sample 1” consists of the front panel and the back panel, each of which is in its “double layered” state, (that is, the two layers of each panel are firmly sewn together). The front and back panels, however, are not yet sewn to each other. You did not submit the fabric strips for the drawstrings or the armhole and neckline piping. The package labeled “Sample 2” is the fully assembled and finished pullover.

The manufacturing operations for the woman’s knit pullover occur in three stages as follows:

In Country A (Stage 1)
-cut component panels from rolled fabric; sew two front layers to each other; sew two back layers to each other;

In Country B (Stage 2)
-sew front and back panels together at shoulder seams -sew side seams
-sew piping to neck and armholes
-hem bottom;

In Country A (Stage 3)
-sew drawstrings into side seams
-sew label.

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the woman’s knitted, sleeveless pullover will be 6110.30.3055, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for sweaters, pullovers, --- and similar articles, knitted or crocheted: other: other: other: other: other: women’s. The rate of duty will be 32.2% ad valorem for the year 2003 and 32% ad valorem for 2004.

The pullover falls within textile category designation 639. 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

6110.30 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 heading 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 pullover is assembled in more than one country, territory or insular possession, it does not satisfy the conditions of the tariff shift 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.

As the subject merchandise is neither knit to shape nor wholly assembled in a single country, territory or insular possession, 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 pullover, the following constitute the most important assembly processes: -the sewing of the front and back panels at the shoulders and -the sewing of the side seams, all of which occur in Country B.

Accordingly, the country of origin of the woman’s knitted pullover is Country B.

HOLDING:

The country of origin of the woman’s knit pullover, Style E 90447, is Country B. Based upon international textile trade agreements products of Country B may be subject to the restraints of 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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