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NY N005708




February 14, 2007

CLA2-RR:NC:3:353

CATEGORY: CLASSIFICATION

Jason Ricketts
Kuehne + Nagel, Inc.
639 Lambert Point Drive
Hazelwood, MO 63042

RE: Classification and country of origin determination for dancewear; 19 CFR 102.21(c)(2); tariff shift

Dear Mr. Ricketts:

This is in reply to your letter dated January 17, 2007, requesting a classification and country of origin determination, on behalf of Weissmans Theatrical Supplies, Inc., for dancewear that will be imported into the United States. As requested, the samples will be returned to you.

FACTS:

The subject merchandise consists of Styles 3651 and 3647. Style 3651 is dancewear constructed of knit 92% polyester, 8% spandex fabric. The one-piece garment consists of a halter necked top with attached panties that are overlaid with six 8-inch long pieces of shaped fabric that form a skirt. Style 3647 is dancewear constructed of knit 92% polyester, 8% spandex fabric. The one-piece garment consists of an open backed top with thin straps and attached panties that are overlaid with a stylized ragged skirt.

You state that Styles 3651 and 3647 will be cut to shape and/or sewn into a garment in the Dominican Republic from foreign fabrics.

ISSUE:

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

CLASSIFICATION:

The Explanatory Note to heading 61.14 states that “The heading includes, inter alia: (5) Special articles of apparel used for certain sports or for dancing or gymnastics (e.g., fencing clothing, jockeys’ silks, ballet skirts, leotards).”

The applicable subheading for Styles 3651 and 3647 will be 6114.30.3070, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other garments, knitted or crocheted: of man-made fibers: other, other, women’s or girls’. The general rate of duty will be 14.9 percent 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at 19 U.S.C. 3592), enacted on December 8, 1994, provided rules of origin for textiles and apparel entered, or withdrawn from warehouse for consumption, on and after July 1, 1996.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 (1) If the good is not knit to shape and consists of two or more component parts, except for goods of subheading 6117.10 provided for in paragraph (e)(2) of this section, 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.

As Styles 3651 and 3647 are not knit to shape and are assembled in a single country, that is, the Dominican Republic, as per the terms of the tariff shift requirement, country of origin is conferred in the Dominican Republic.

HOLDING:

The country of origin of Styles 3651 and 3647 is the Dominican Republic.

Styles 3651 and 3647 fall within textile category 659. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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.

Your inquiry does not provide enough information for us to give a classification ruling on Styles 3646, 3599, 3510, 3379 and 2732. Your request for a classification ruling should include:

Style 3646 – Is the garment for an adult or child? List every item that will be imported; the sample includes a glovelette. Will the dancewear and glovelette be imported packaged together? Will the glovelette be cut and sewn overseas? Style 3599 - Is the garment for an adult or child? List every item that will be imported; the sample includes glovettes and a rectangular piece of fabric. Will the dancewear and previously mentioned items be imported packaged together? Will the glovettes and fabric be cut and sewn overseas? The fabric appears to be coated or contain a metallic thread; please name the coating or whether the fabric contains metallic thread. Style 3510 - There are 3 garments; list every item that will be imported and the fiber content of each garment. Are the garments for an adult or child? Will the garments be imported packaged together? The sample includes a rectangular piece of fabric. Will the fabric be cut overseas? The fabric of the top and pants appears to contain a metalized strip or yarn, which has not been accounted for in the fiber content. Is it metalized strip or metalized yarn? Please supply a corrected fiber breakdown showing the quantity of metalized strip or yarn used to form the fabric as a percentage of the fabric’s weight. Please note that when metalized yarn is twisted with a non-metalized yarn, the whole yarn is considered metallized for classification purposes. Style 3379 - Is the garment for an adult or child? List every item that will be imported; the sample includes a glovettes and headgear. Will the dancewear, glovettes and headgear be imported packaged together? Will the glovelette and headgear be cut and sewn overseas? Style 2732 - Is the garment for an adult or child? List every item that will be imported; the sample includes a belt and feather hairclip. Will the dancewear, belt and hairclip be imported packaged together? Will the belt be cut and sewn overseas? Where and how is the hairclip made?

In addition, your original request was for 7 items, ruling requests will contain a maximum of 5 items in order to be accepted. The items in a single request must be of the same class or kind. In this instance, there may be separate classification and/or country of origin issues with each dancewear costume; separate requests for each style may make our response easier to follow. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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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