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NY L80805




December 1, 2004

CLA2-RR:NC:TA:358 L80805

CATEGORY: CLASSIFICATION

Mr. Eric Ng
BJ Apparel Global Pte. Ltd.
23-24 Circular Road, Singapore 049380

RE: Classification and country of origin determination for girls’ knit apparel; 19 CFR 102.21(c)(2); tariff shift

Dear Mr. Ng:

This is in reply to your letter dated November 23, 2004, requesting a classification and country of origin determination for four garments, which will be imported into the United States. The consignee is May Department Stores International, Inc. All items are sized for girls 7 to 16.

FACTS:

Style number 47276, your reference number SB040205, is a raglan short sleeve pullover with a wide neck opening. It has rib knit fabric at the neckline and armhole openings and a hemmed bottom. It is made of fine gauge one by one rib knit cotton fabric. A gel glitter print and metal stud design appears on the garment front.

Style number 47278, your reference number SB040305, is a jacket with full front zipper opening, side entry pockets above the waist, a rib knit stand-up collar and rib knit cuffs at the long sleeves. It is made of french terry fabric that is 95% cotton, 5% spandex. The style has tightening elements at the collar, sleeve cuffs and waistband. A gel glitter print and metal stud design appears on the garment front.

Style number 47306, your reference number SB040405, is a wide neck short sleeve pullover and separate tank top swift tacked under the arm for shipping and merchandising purposes. The pullover is made of finely knit jersey fabric that is 95% cotton, 5% spandex. The neckline, armhole openings and hem are finished with overlocking stitching. The tank is made of one by one rib knit fabric that is 96% cotton, 4% spandex. The neckline and armhole openings are finished with capped fabric. The hemmed bottom is finished with two rows of stitching. A gel glitter print design appears on the garment front.

Style number 47334, your reference number SB040505, is a capped short sleeve hooded pullover with notched,vee neck opening. The hooded opening and armhole openings are finished with capped fabric. The hemmed bottom is finished with two rows of stitching. The pullover is made of fine gauge one by one rib knit cotton fabric. A gel glitter print design appears on the garment front.

You advise that all fabric is made in China and cut into component shapes in China. The gel glitter print and metal stud design work is applied to the component parts in China. The cut components, which are in a condition ready for assembly, are then shipped to the Northern Mariana Islands. The cut component parts are sewn and assembled into completed garments in the Northern Mariana Islands.

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the pullovers, styles 47276, 47306 and 47334 will be 6110.20.2075, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for pullovers and similar articles, knitted or crocheted, of cotton, other, other, women’s or girls’. The rate of duty will be 16.5% ad valorem.

The applicable subheading for the jacket, style 47278 will be 6102.20.0020, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for windbreakers similar articles, knitted or crocheted, of cotton, girls’. The rate of duty will be 15.9% ad valorem.

The applicable subheading for the tank, style 47306 will be 6109.10.0065, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for tank tops, knitted or crocheted, of cotton, girls’. The rate of duty will be 16.5% ad valorem.

The pullovers, styles 47276, 47306 and 47334, and the tank, style 47306, fall within textile category designation 339. The jacket, style 47278, falls within textile category 335. 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 assemble in a single country, territory, or insular possession.

As all the articles are not composed of knit to shape components and consist of two or more component parts that are assembled in a single country, that is, the Northern Mariana Islands, as per the terms of the tariff shift requirement, country of origin is conferred in the Northern Mariana Islands.

HOLDING:

The country of origin of the pullovers, styles 47276, 47306 and 47334, the jacket, style 47278 and the tank, style 47306 is the Northern Mariana Islands.

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 Bruce Kirschner at 646-733-3048.

Sincerely,

Robert B. Swierupski
Director,

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