NY K80708 - Country of origin determination for a men’s knit garment; 19 CFR 102.21(c)(3); knit to shape. - United States International Trade Commision Rulings

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NY K80708

December 16, 2003
CLA-2-RR:NC:TA:N3:356 K80708

CATEGORY: COUNTRY OF ORIGIN

Ms. Maryanne Tao
Jiing Sheng (USA) Ltd.
110 West 40th Street, Suite 1500
New York, NY 10018

RE: Country of origin determination for a men’s knit garment; 19 CFR 102.21(c)(3); knit to shape.

Dear Ms. Tao:

This is in reply to a letter dated November 14, 2003, requesting a country of origin determination for a men’s knit garment that will be imported into the United States. You state that the countries of production will be Taiwan and China. You have provided samples of the garment parts as they are knit and sent to China for assembly, and a sample of the finished garment as it will be imported into the United States.

FACTS:

The submitted sample, Style #F2 (84873), is a men’s sweater constructed from 70 percent acrylic, 30 percent wool, knit fabric that measures 7 stitches per two centimeters counted in the horizontal direction. The garment has a rib knit crew neck, long sleeves with rib knit cuffs, 100 percent polyester woven fabric overlays on the front panel; and a rib knit bottom.

The intarsia knit front panel is knit to shape with a rib knit self-start bottom, self-finished sides, and full fashion marks at the armholes. The neckline is marked by clear and continuous lines of demarcation that are formed by a change in knit pattern. The shoulder slope is also marked by a clear and continuous line of demarcation formed by a change in knit pattern.

The back panel is knit to shape with a rib knit self-start bottom, self-finished sides, and full fashion marks at the armholes. The rear neckline and the rear shoulder slope are marked by a clear and continuous line of demarcation formed by a change in knit pattern.

The sleeves have rib knit self-start cuffs and self-finished sides. They are knit to shape with full fashion marks at the armholes.

The manufacturing operations are as follows:

TAIWAN:
- The front and back panels and the sleeves are knit to shape - The collar is knit

CHINA:
- The front and the back panels, the sleeves, and the collar are assembled by linking to form the finished garment - The woven overlays are sewn to the front panel - The garment is packed for export

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 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: "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) 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 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 merchandise is classifiable as a men’s sweater in heading 6110, HTSUS. Section 102.21 (e) requires a tariff shift to headings 6101 through 6117 from any heading outside that group. In this case, a tariff shift to heading 6110, HTSUS, occurs in China, but from components that are classifiable in heading 6117, HTSUS. As heading 6117, HTSUS, is excepted by Section 102.21 (c)(2), the tariff shift is not applicable.

Section 102.21(c)(3) applies where the country of origin of a textile or apparel product cannot be determined under paragraph (c)(1) or (2) and where the merchandise consists of either a good that was knit to shape or (with the exception for goods of certain specifically enumerated headings), was wholly assembled in a single country, territory, or insular possession.

Section 102.21 (c)(3)(i) provides the following:

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; ...

Section 102.21 (b) states that:

(3) KNIT TO SHAPE: The term “knit to shape” applies to any good of which 50 percent or more of the exterior surface area is formed by major parts that have been knitted or crocheted directly to the shape used in the good, with no consideration being given to patch pockets, appliques, or the like. Minor cutting, trimming, or sewing of those major parts will not affect the determination of whether a good is “knit to shape”.

(4) MAJOR PARTS: The term “major parts” means integral components of a good but does not include collars, cuffs, waistbands, plackets, pockets, linings, paddings, trim, accessories, or similar parts.

In the case of the subject garment, the front and back panels and the sleeves have been knit directly to the shape used in the good. Consequently, the subject garment is considered “knit to shape” as the term is defined above.

Accordingly, Section 102.21 (c)(3)(i) is applicable to the subject merchandise. The country of origin for the garment is Taiwan, the single country where the garment is knit to shape.

HOLDING:

The country of origin of the subject garment is Taiwan. Based upon international textile trade agreements, products of Taiwan are subject to visa requirements and quota restraints.

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 sections 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 Mary Ryan at 646-733-3271.

Sincerely,

Robert B. Swierupski
Director,
National Commodity

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