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NY K89094




September 21, 2004

CLA2-RR:NC:TA:359 K89094

CATEGORY: CLASSIFICATION

Ms. Rhoda A. Salus
Sandler, Travis & Rosenberg, P.A.
5200 Blue Lagoon Drive
Miami, FL 33126-2022

RE: Classification and country of origin determination for a woman’s knit pullover; 19 CFR 102.21(c)(2); tariff shift

Dear Ms. Salus:

This is in reply to your letter dated August 31, 2004, requesting a classification and country of origin determination for style 78164, which will be imported into the United States. This request was made on behalf of Ocean Skye Int’l., Ltd.

FACTS:

The subject merchandise consists of a woman’s finely knit jersey fabric pullover. The garment features a round neck with hemmed cap sleeves and a hemmed bottom. It is made of 100% cotton fiber and is identified as style 78164. You did not give a fabric weight. In a telephone conversation you advised that this style will be made with a rib knit neckline, unlike the self-fabric binding on the sample presented. The sample has a screen print design and rhinestones affixed to the front panel. You state in your submission that other styles may be submitted and that they may have differing designs on them, some without rhinestones. These differences could affect the classification of other styles; it is advised that you seek classification advice on those various styles due to the slight differences you have mentioned.

You state that although you mention China and Brunei as the countries of manufacture, the countries involved could change. For this reason, we have identified the countries simply as Country “A” and Country “B”.

The manufacturing operations for style 78164 are as follows:

Country A – China:

The fabric is made
The fabric is cut into component parts
The front panels are screen printed and rhinestones applied The component parts are packed and shipped to Country B or Brunei for assembly.

Country B – Brunei

The component parts are wholly assembled in this country as follows:

The labels are attached
The shoulders are joined
The rib knit neck material is joined to the body The sleeves are seam covered
The sleeves are attached
The sides are closed
The bottom is hemmed
The completed garments are trimmed
The garments are washed and inspected
The garments are packed for export

ISSUE:

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

CLASSIFICATION:

The applicable subheading for style 78164 as submitted will be 6110.20.2075, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for sweaters, pulloversand similar articles, knitted or crocheted: Of cotton: Other, Other: Women’s or girls’. The rate of duty will be 16.5% ad valorem.

Style 78164 falls within textile category designation 339. 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

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.

As the pullover is assembled in a single country, that is, in Country B or Brunei, as per the terms of the tariff shift requirement, country of origin is conferred in Country B or Brunei.

HOLDING:

The country of origin of the pullover is Country B or Brunei. Based upon international textile trade agreements products of Brunei are not subject to quota and do not require 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 Camille R. Ferraro at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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