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NY K80642





December 5, 2003

CLA2-61-RR:NC:TA-359: K80642

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 November 11, 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 dress, Style number not given, which consists of 100% cotton fibers. The dress is pullover-style and it extends from the wearer’s neck and shoulders to her knees. The dress features a round, capped neckline; a partial front placket opening with three snap closures; short sleeves with rib knit bands at the sleeve ends; two small pockets at the chest and a hemmed bottom. The left chest pocket is embroidered.

. You have also submitted the component parts of the garment that show the partially assembled dress after processing in China. In this version of the sample the front and back panels are sewn at the shoulders. The two chest pockets are sewn to the front panel and the left chest pocket is embroidered. The neck capping and the front placket including the snaps are attached to the front panel. However, the bottom is not hemmed and the sides are open. In addition, you furnished the formed sleeves (rib knit bands attached) which are separate from the body of the dress.

The manufacturing operations for the dress are as follows:

In China
-cut the component panels and parts from the rolled fabric -construct sleeves by sewing sleeves to sleeve bands -sew placket with snap closures to front panel -sew capping to neckline
-embroider left chest pocket
-sew chest pockets to front panel
-sew front and back panels at shoulder seams -sew labels;

In the Commonwealth of the Northern Mariana Islands (CNMI) -sew sleeves to body
-sew side seams
-hem bottom.

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the woman’s knitted, cotton dress will be 6104.42.0010 Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for women’s or girls’ --- dresses --- knitted or crocheted: of cotton: women’s. The rate of duty will be 11.6% ad valorem for the year 2003, and 11.5% ad valorem for 2004.

The dress falls within textile category designation 336. 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

6104.42 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 dress, according to 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, 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 dress, the following constitute the most important assembly processes: -sewing the placket with the snap closures to the front panel -sewing the front and back panels at the shoulder seams -sewing the capping to the sleeves and
-sewing the chest pockets to the front panel all of which occur in China.

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

HOLDING:

The country of origin of the woman’s knitted dress under your proposed production process is China. Based on international textile trade agreements this product from China is 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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