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NY L82089





February 23, 2005

CLA2-RR:NC:3:353 L82089

CATEGORY: CLASSIFICATION

Mr. Andrew Moore
Holt Hosiery Mills Incorporated
P O Box 1757
Burlington, NC 27216-1757

RE: Classification and country of origin determination for women’s hosiery; 19 CFR 102.21(c)(2); tariff shift

Dear Mr. Moore:

This is in reply to your letter dated January 24, 2005, requesting a classification and country of origin determination for women’s full length and knee length hosiery of yarns less than 67 decitex which will be imported into the United States.

FACTS:

The subject merchandise consists of women’s full length and knee length hosiery of yarns less than 67 decitex. The manufacturing operations for the women’s full length and knee length hosiery of yarns less than 67 decitex are as follows:

Scenario 1:

Korea:

Foreign yarns are knit to the shape of knee length tubes, toes are open Greige tubes are sent to China

China:

Toes are sewn closed
Hosiery is dyed, boarded and packaged

Scenario 2:

Korea:

Foreign yarns are knit to the shape of knee length tubes Toes are sewn closed
Greige hosiery sent to China

China:

Hosiery is dyed, boarded and packaged

Scenario 3:

Korea:

Foreign yarns are knit to the shape of knee length or full length tubes, toes are open Greige tubes are sent to China

China:

Toes are sewn closed
Rolls of elasticized lace of Chinese origin is cut into bands and attached at the top of the hosiery Hosiery is dyed, boarded and packaged

Scenario 4:

Korea:

Foreign yarns are knit to the shape of knee length or full length tubes Toes are sewn closed
Rolls of elasticized lace of Chinese origin is cut into bands and attached at the top of the hosiery Hosiery is sent to China

China:

Hosiery is dyed, boarded and packaged

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the women’s knee length and full length hosiery, if of man-made fibers will be 6115.20.9010, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for Panty hose, tights, stockings, socks and other hosieryknitted or crocheted: Women’s full-length or knee-length hosiery, measuring per single yarn less than 67 decitex: of man-made fibers. The general rate of duty will be 14.6% ad valorem. The textile category designation is 632.

The applicable subheading for the women’s knee length and full length hosiery, if of other textiles will be 6115.20.9030, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for Panty hose, tights, stockings, socks and other hosieryknitted or crocheted: Women’s full-length or knee-length hosiery, measuring per single yarn less than 67 decitex: Other. The general rate of duty will be 14.6% ad valorem. The textile category designation is 832..

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 (3) If the good is knit to shape, except for goods of subheading 6117.10 provided for in paragraph (e)(2) of this section, a change to 6101 through 6117 from any heading outside the group, provided that the knit to shape components are knit to shape in a single country, territory, or insular possession.

For all four scenarios, as the tubes (unfinished hosiery) are knit to shape in a single country, that is, Korea, as per the terms of the tariff shift requirement, country of origin is conferred in Korea.

HOLDING:

The country of origin of the women’s full length and knee length hosiery of yarns less than 67 decitex is Korea.

Women’s full length and knee length hosiery of yarns less than 67 decitex, of man-made fibers, fall within textile category designation 632. Women’s full length and knee length hosiery of yarns less than 67 decitex, of other textile fibers, fall within textile category designation 832. 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.

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 Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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