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NY M80973




March 16, 2006

CLA2-RR:NC:WA:359 M80973

CATEGORY: CLASSIFICATION

Mr. Anthony LoPresti
S.J. Stile Associates Ltd.
181 South Franklin Ave.
Valley Stream, NY 11581

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

Dear Mr. LoPresti:

This is in reply to your letter dated March 2, 2006, requesting a classification and country of origin determination for a woman’s knitted pullover that will be imported into the United States. This request was made on behalf of KBL Group International.

FACTS:

The subject sample, style 3R0847, is a woman’s pullover. The garment is made of 45% rayon, 40% nylon and 10% angora hair knit fabric whose outer surface measures more than 9 stitches per two centimeters in the direction in which the stitches were formed. For purposes of statistical note 6 to chapter 61, Harmonized Tariff Schedule of the United States (HTSUS), the outer surface of the garment measures more than 9 but equal to or less than 18 stitches in the direction in which the stitches were formed. The garment features a v-neck line and long sleeves. The front, back and sleeves panels, and the neck banding fabric all meet the knit to shape requirements of statistical note 6 to chapter 61.

You submitted the component pieces of the garment as well as a sample of the finished garment. All will be returned as you have requested.

The component pieces consist of a self-start knit to shape back panel, two self-start knit to shape sleeve panels, a self-start knit to shape neck band, and a self start knit to shape front panel.

The manufacturing operations for style 3R0847 are as follows:

Hong Kong:

The back panel, front panel, neckband, and sleeve panels are knit to shape and shipped to China.

China:

The garment is entirely assembled by linking and looping. The garment is washed, dried, ironed and packaged in China.

ISSUE:

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

CLASSIFICATION:

The applicable subheading for style 3R0847 will be 6110.30.3057, HTSUS, which provides for sweaters, pulloversand similar articles, knitted or crocheted: Of man-made fibers: Other: Other: Other: Other: Other: Women’s or girls’: Knit to shape articles described in statistical note 6 to this chapter. The general rate of duty is 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/.

Style 3R0847 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:

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 a 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.

Section 102.21(b) (3) states that the term “knit to shape” applies to any good of which 50% 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.

Regarding the sample under review, the front, back and sleeve panels are considered to be knit to shape. The pullover is considered a knit to shape garment.

Section 102.21(e) states that, for garments that are knit to shape, the tariff shift change to headings 6101 through 6117 must take place from any heading outside that group. However, the present tariff shift change occurs within that group, i.e., from the panels of heading 6117 to the pullover in heading 6110. Accordingly, as the required tariff shift does not take place, 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 considered knit to shape, and as it is knitted in a single country, i.e., Hong Kong, Section 102.21(c)(3) applies.

HOLDING:

The country of origin of style 3R0847 is Hong Kong. Style 3R0847 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 Ferraro at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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