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NY L82074




February 17, 2005

CLA2-RR:NC:TA:359: L82074

CATEGORY: CLASSIFICATION

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

RE: Classification and country of origin determination for a woman’s knitted pullover; 19 CFR 102.21(c)(4)

Dear Ms. Tao:

This is in reply to your letter dated January 28, 2005, requesting a classification and country of origin determination for a woman’s knitted pullover, which will be imported into the United States.

FACTS:

The subject merchandise consists of a woman’s knitted pullover, which consists of 62% rayon and 38% nylon fibers. The style number is REMU5845. The pullover features short cap sleeves and a boat neckline. The fabric of the pullover has greater than nine stitches per two centimeters, measured in the direction in which the stitches were formed.

You also submitted the component panels from which the pullover is constructed. These consist of

Back Panel
-self-start bottom
-self-finished sides
-armholes contoured to shape during the knitting process -neckline contoured to shape during the knitting process

Two Sleeve Panels
-self-start ends
-self-finished sides
-contoured to shape at the point of join of the sleeve to the body

Front Panel
-self-start bottom
-self-finished sides
-neckline contoured to shape during the knitting process

For the purpose of determining the country of origin of the pullover, all four of the panels (the major panels) are considered to be knit to shape.

The manufacturing operations for the pullover are as follows:

Country A (China)

Knit front panel
Assemble by linking

Country B (Mongolia)

Knit back panel and both sleeve panels

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the pullover will be 6110.30.3055, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for sweaters, pulloversand similar articles, knitted or crocheted: of man-made fibers: other: other: other: other: women’s or girls’. The rate of duty will be 32%.

The pullover falls within textile category designation 639. 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":

HTSUS Tariff shift and/or other requirements

6101-6117 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

Section 102.21(e) states that the tariff shift must occur from a heading outside of the group 6101 through 6117; however, the instant tariff shift occurs within the designated headings. Accordingly, as the pullover does not qualify for the tariff shift, 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.

As the subject merchandise is not knit to shape in a single country, 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 knitting to shape of the back panel and the two sleeve panels, which occurs in Country B (Mongolia) constitutes the most important assembly or manufacturing process. Accordingly, the country of origin of the pullover is Country B (Mongolia).

HOLDING:

The country of origin of the pullover is Country B (Mongolia).

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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