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NY M80582





March 7, 2006

CLA2-RR:NC:TA:359 M80582

CATEGORY: CLASSIFICATION

Eleanore Kelly-Kobayashi
Rode & Qualey
545 West 39th Street
New York, NY 10018

RE: Classification and country of origin determination for a women’s knit pullover; 19 CFR 102.21(c)(3)

Dear Ms. Kelly-Kobayashi:

This is in reply to your letter dated February 15, 2006, requesting a classification and country of origin determination for a women’s knit pullover, which will be imported into the United States. Your request was made on behalf of A.C.Capri Apparel Manufacturing, Ltd.

FACTS:

The subject merchandise, identified as style 55-1315, consists of a women’s knit pullover made of 85% polyamide and 15% polyester fine knit fabric. The garment features long raglan sleeves, a tubular knit body, a crew neckline, a slight vertical gathering in the center of the front panel for decorative effect, and a straight tubular bottom.

The manufacturing operations for the pullover are as follows:

HONG KONG:

Knit tubular body with lines of demarcation Knit tubular sleeves with lines of demarcation Dye tubular body and sleeve components

Note that the body panel and the sleeve components have self start bottoms with clear and continuous lines of demarcation for the sides of the sleeve panels and for the armholes and neckline on the body component.

CHINA:

Cut the knit tubes into body components by following the lines of demarcation Sew the sleeves to the body
Sew the neckband to the garment body

Please note that although you state that the shoulder seams are “closed”, this garment has raglan sleeves and thus, there are no “shoulder seams”. By attaching the sleeves to the body of the garment, the top of the garment body is closed.

ISSUE:

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

CLASSIFICATION:

The applicable subheading for style 55-1315 will be 6110.30.3059, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweaters, pulloversand similar articles, knitted or crocheted: Of man-made fibers: Other: Other: Other: Other: Other: Women’s or girls’: Other. The general rate of duty will be 32% ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 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 pullovers do not qualify for the tariff shift, Section 102.21(c)(2) is inapplicable.

Section 102.21(e) states that the tariff shift must occur from a heading outside headings 6101 through 6117. Accordingly, as the garment does not meet these requirements, 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 knit to shape solely in Hong Kong, Section 102.21(c)(3)(i) applies.

HOLDING:

The country of origin of style 55-1315 is Hong Kong.

Style 55-1315 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.

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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