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NY L87609




November 3, 2005

CLA2-61-RR:NC:TA:359:L87609

CATEGORY: CLASSIFICATION

Ms. Hannah Chan
Business Faith International Limited
A8 & A13 7/F, Blk A
Hong Kong Ind. Centre
No. 489-491 Castle Peak Road
Kowloon, Hong Kong

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

Dear Ms. Chan:

This is in reply to your letter dated October 13, 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 is returned as requested.

FACTS:

A garment identified as style XXXXQ1W was submitted along with its unassembled and partially assembled component parts. The garment features a round neckline with binding and short sleeves. Both the hem and sleeve ends of the garment are self-finished.

In your letter you stated that although the style number will contain “Q1W” for each importation, the first four characters of the number, represented by “XXXX”, would change with each shipment of identically constructed goods. Additionally, in your letter you state that although the fiber content of the garment presented is 95% nylon and 5% spandex, the fiber content may also be different with each shipment. You asked if this ruling would apply for garments subjected to the same manufacturing processes as outlined in this letter, despite the fact that the garments themselves would be made of different fiber contents. The same origin determination would be reached for garments of identical construction (excluding fiber content), provided that they are subjected to the exact same manufacturing processes performed as described below with no variations between the countries. This ruling, for purposes of classification will be limited to the style presented with the fiber content of 95% nylon and 5% spandex. The manufacturing operations for the woman’s knitted pullover are as follows:

China:

The fabric is tubular knit, both in a plain and chevron pointelle style The chevron pointelle fabric is cut to body length and the neckline and sleeve cutouts are made The chevron pointelle sleeves are cut from the fabric Pack and ship the component parts to the Commonwealth of the Northern Mariana Islands for assembly

CNMI:

The plain knit tubular knit fabric is cut into neck binding Join the front and back of the garment at the shoulders Attach the neckband to the neckline
Attach the labels, including the origin label Attach the sleeves to the garment
Trim, wash, inspect, and pack the garments

ISSUE:

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

CLASSIFICATION:

The applicable subheading for style XXXXQ1W 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: Other: Women’s or girls’. The general rate of duty is 32% ad valorem.

Style XXXXQ1W falls within textile category designation 639. 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":

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 in ANY of the scenarios described above, 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, style XXXXQ1W, sewing the shoulder seams, attaching the sleeves, attaching the neckband and the trimmings, all of which occur in the CNMI, constitute the most important assembly processes.

Accordingly, the country of origin of style XXXXQ1W is the CNMI.

HOLDING:

The country of origin of style XXXXQ1W 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 knit merchandise 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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