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NY L81992




February 3, 2005

CLA2-61-RR:NC:TA:359:L81992

CATEGORY: CLASSIFICATION

Ms. Won Jung Yoo
Sae-A Trading American Corporation
100 West 33rd Street, #855
New York, NY 10001

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

Dear Ms. Yoo:

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 samples and their component parts are returned as requested.

FACTS:

The subject merchandise consists of Style D41204, a woman’s hooded pullover, and Style E41205, a woman’s pull-on pant. Both are made of finely knit 94% cotton and 6% spandex fabric.

The pullover, Style D41204 features a hood with a drawstring, long hemmed raglan sleeves, a hemmed bottom with an elastic draw cord threaded throughout its length, metal grommets placed in the waistband for the draw cord and under the arms, and two side zippered pockets. It is noted that although the hem of the garment contains a draw cord, there is no means to tighten the cord; no clasp or similar apparatus is on the garment. There is no tightening at the waist as the cord is slack within the hem.

The pant, Style E41205 features hemmed leg openings, two side seam pockets and an elasticized tunneled waistband with a draw cord. Each pant leg is constructed of three panels; two in the back and one front panel.

The manufacturing operations, which take place both in China and in the Commonwealth of the Northern Mariana Islands (CNMI), are as follows:

PULLOVER:

China:

The fabric is cut into component parts
The piping is sewn to the tops of the raglan sleeve seams, along the front edges of the pockets and to the front edges of the panels of the hood The zippers are attached to the pockets, and the front panel of the pocket is completed The pocket facings are sewn to form the pockets and the edges of the pockets are sewn closed The eyelets are attached
The hood is assembled by sewing the right and left panels together

CNMI:

The raglan sleeves are joined to the left and right sides of the front panel and to the back panel, forming the shoulders The sleeves are sewn closed
The side seams are sewn closed joining the front and back panels The hood is attached
The nylon stretch band and label are sewn to the center back neckline The sleeves are hemmed
The bottom is hemmed
The cord is inserted into the bottom hem
The garment is inspected, ironed and packaged The garment is shipped directly to the United States

PANT:

China:

The fabric is cut into component parts
The front, side, and back panels are sewn together – the piping is sewn into the side seam while these panels are being joined The pocket facings are sewn to form the pockets and joined to the front panels The eyelets are attached to the waistband The elastic band is sewn to the waistband and the waistband tunnel is formed The drawstring is inserted into the waistband

CNMI:

The inside seams of the pant are sewn
The right and left panels of the pants are sewn together, forming complete legs and upper pant garment The waistband is attached to the body
The label is sewn to the center back of the garment at the waist The legs are hemmed
The garment is inspected, ironed and packaged The garment is shipped directly to the United States

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, pulloversand similar articles, knitted or crocheted: Of cotton: Other: Other: women’s or girls’. The general rate of duty is 16.5% ad valorem.

The applicable subheading for the woman’s knitted pant will be 6104.62.2006, HTSUSA, which provides for Women’s or girls’ trousers, bib and brace overalls, breeches and shorts: Of cotton: Other: Trousers and breeches: Women’s: Containing 5 percent or more by weight of elastomeric yarn or rubber thread. The general rate of duty is 14.9% ad valorem.

The pullover falls within textile category designation 339. The pant falls within textile category designation 348. 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:

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, "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.

Section 102.21(e) states that the good must be assembled in a single country, territory or insular possession. Accordingly, as the pullover and pant are assembled in more than one country, territory or insular possession, they do 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 woman’s pullover sewing the front and back sleeves at the shoulders, attaching the hood, and sewing the side seams closed, all of which occur in the CNMI, constitute the most important assembly processes.

In the case of the woman’s pant, sewing the inside seams closed, sewing the left and right complete panels together and attaching the waistband, all of which occur in the CNMI, constitute the most important assembly processes.

Accordingly, the country of origin of the woman’s pullover and pant is the CNMI.

HOLDING:

The country of origin of the woman’s pullover and pant 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, neither the pullover nor the pant neither is subject to quota restraints and neither 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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