NY L86581 - Country of origin determination for a women’s knit top; 19 CFR 102.21(c)(3); knit to shape. - United States International Trade Commision Rulings

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NY L86581

September 8, 2005

CLA-2-RR:NC:TA:N3:361 L86581

CATEGORY: COUNTRY OF ORIGIN

Mr. Garis Poon
Merchandising Dept
Fook Holdings (H.K.) Company Limited
33rd Floor Sunshine Plaza
353, Lockhart Road
Wanchai, Hong Kong

RE: Country of origin determination for a women’s knit top; 19 CFR 102.21(c)(3); knit to shape.

Dear Mr. Poon:

This is in reply to a letter dated August 5, 2005, requesting a country of origin determination for a women’s knit top that will be imported into the United States. You state that the countries of production for the knit components will be Indonesia and China. You have provided samples as they are knit in China, cut in Indonesia, and a sample of the finished garment as it will be imported into the United States.

FACTS:

The submitted sample, for which no style number was provided, is a women’s knit top. The fully lined garment, which does not reach the waist, has shoulder straps, a U shaped front neckline, a “racer back,” and a tubular rib knit bottoms.

The garment is produced from a double-layered tube with a self-start bottom. The two parts of the tube are connected by the self-start bottom, but separate beyond. The outer layer has clear and continuous lines of demarcation by a change in the knitting pattern for the front and back neckline, armholes and shoulder straps.

The manufacturing operations are as follows:

CHINA:
The double layered tube is knit, with the self-start bottom and lines of demarcation

INDONESIA:
The inner and outer layers of the tube are cut along the lines of demarcation The top of the shoulder seams are closed
The inner and outer layers are folded over and sewn, finishing the armholes, neckline and straps

ISSUE:

What is the country of origin of the subject merchandise?

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at 19 U.S.C. 3592), enacted on December 8, 1994, provided rules of origin for textiles and apparel entered, or withdrawn from warehouse for consumption, on and after July 1, 1996.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: "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) 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. If the good is not knit to shape and does not consist of two or more component parts, a change to heading 6101 through 6117 from any heading outside that group, except from heading 5007, 5111 through 5113, 5208 through 5212, 5309 through 5311, 5407 through 5408, 5512 through 5516, 5806, 5809 through 5811, 5903, 5906 through 5907, and 6001 through 6002, and subheading 6307.90, and provided that the change is the result of a fabric-making process. 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, territory, or insular possession.

The definition of the term Knit to Shape is found in Section 102.21 (b): (3) KNIT TO SHAPE: The term “knit to shape” applies to any good of which 50 percent or more of the exterior surface area is formed by major parts that have been knitted or crocheted directly to the shape used in the good, with no consideration being given to patch pockets, appliques, or the like. Minor cutting, trimming, or sewing of those major parts will not affect the determination of whether a good is “knit to shape”.

In the case of the subject garment, the entire exterior layer has been knit directly to the shape used in the good. Consequently, the subject garment is considered “knit to shape” as the term is defined above.

Section 102.21 (e) requires a tariff shift to headings 6101 through 6117 from any heading outside that group. In this case, the tube knit in China with the lines of demarcation is classified as an unfinished top in heading 6114. The top, completed in Indonesia remains classified in heading 6114. Thus, no classification change occurs in Indonesia, therefore the tariff shift is not applicable.

Section 102.21(c)(3) applies where the country of origin of a textile or apparel product cannot be determined under paragraph (c)(1) or (2) and where the merchandise consists of either a good that was knit to shape or (with the exception for goods of certain specifically enumerated headings), was wholly assembled in a single country, territory, or insular possession.

Section 102.21 (c)(3)(i) provides the following: 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 noted above, the garment is considered knit to shape. Accordingly, Section 102.21 (c)(3)(i) is applicable to the subject merchandise. The country of origin for the garment is China, the single country where the garment is knit to shape.

HOLDING:

The country of origin for the top is China. 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 Angela De Gaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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