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NY L81952





February 1, 2005

CLA2-61-RR:NC:TA:359:L81952

CATEGORY: CLASSIFICATION

Mr. Ego Leung
Come Long Fashion Knits Limited
2/F, Yick Shiu Industrial Building
No. 1, San On Street
Tuen Mun, N.T.
Hong Kong

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

Dear Mr. Leung:

This is in reply to your letter dated January 17, 2005, in which you requested a classification and country of origin determination for women’s knitwear that will be imported into the United States. Your sample and its component parts are returned as requested.

FACTS:

The subject merchandise consists of Style 2033B, a ladies knit pullover which features long sleeves, a v-neck with an embroidered v-shaped fabric panel accentuating and completing the neckline and a plain overlocked hem bottom. The garment is made of 95% cotton and 5% spandex finely knit lightweight fabric.

Two manufacturing scenarios were presented. You have submitted the finished garment and the garment in its partial assembly stages for Version A, and Version B.

The sample of Version A, representing the steps taken in China consists of three pieces: each sleeve is overlocked; and as one unit: the front and back panels, joined at the shoulder seams.

The sample of Version B, representing the steps taken in China consists of three pieces identical to those presented for Scenario “A”; the only difference being that the sleeve edges and the edges of the bottom of the front and back panels are overlocked.

The manufacturing operations for the woman’s knit pullover are as follows:

VERSION A:

CHINA

Cut the fabric into component parts
Sew the shoulder seams attaching the front and back panels Attach the binding to the front and back neckline Sew the embroidered fabric panel to the neckline

COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS (CNMI)

Sew the sleeves to the body
Sew the side seams joining the front and back panels at the sides Sew the sleeves closed
Overlock the sleeve openings and the bottom hemline of the garment Attach the labels
Iron and finish the garment
Inspect and pack the garment

VERSION B:

CHINA

Cut the fabric into component parts
Sew the shoulder seams to join the top parts of the front panel to the back panel Attach the binding to the front and back neckline Sew the embroidered fabric panel to the neckline Overlock the sleeve openings and the bottom hemline of the garment

CNMI

Attach the sleeves to the body
Sew the side seams joining the front and back panels at the sides Sew the sleeve underarm seams
Attach the labels
Iron and finish the garment
Inspect and pack the garment

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the woman’s knitted pullover will be 6110.20.2075, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: Of cotton: Other, Other: Women’s or girls. The general rate of duty is 16.5% ad valorem.

The pullover falls within textile category designation 339. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

COUNTRY OF ORIGIN - LAW AND ANALYSIS:

On December 8, 1994, the President signed into law the Uruguay Round Agreements Act. Section 334 of that Act (codified at 19 U.S.C. 3592) provides new rules of origin for textiles and apparel entered, or withdrawn from warehouse, for consumption, on and after July 1, 1996. On September 5, 1995, Customs published Section 102.21, Customs Regulations, in the Federal Register, implementing Section 334 (60 FR 46188). Thus, effective July 1, 1996, the country of origin of a textile or apparel product shall be determined by 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":

HTSUSA 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.

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 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 pullover, the most important assembly processes in both Version A and Version B are sewing the side seams to join the front and back panels at the sides; and attaching the sleeves to the body of the garment; all of which occur in the CNMI.

Accordingly, the country of origin of the woman’s knitted pullover as presented in Version A and Version B is the CNMI.

Accordingly, the country of origin of the woman’s knitted pullover as presented in Version B is the CNMI.

HOLDING:

The country of origin of the garment in both Scenario A and Scenario B is the Commonwealth of the Northern Mariana Islands. Since the CNMI is not a foreign country and therefore, the United States has no quota or visa agreement with it, the pullover is neither subject to quota restraints nor to 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 Camille R. Ferraro at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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