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NY N007141




February 28, 2007

CLA2-RR:NC:TA: 361

CATEGORY: CLASSIFICATION

Ms. Kathy Chan
Merchandising Manager
Come Long Fashion Knits Limited
2/F., Yick Shiu Industrial Building No. 1 San On Street
Tuen Mun, N.T., Hong Kong

RE: Classification and country of origin determination for a woman’s knit blouse; 19 CFR 102.21(c)(4).

Dear Ms. Chan:

This is in reply to your letter dated February 13, 2007, requesting a classification and country of origin determination for a woman’s blouse, which will be imported into the United States.

FACTS:
The garment identified as style # 125A211424 is a woman’s pullover blouse constructed from 100 percent cotton knit fabric. The fabric has an average of at least 10 stitches per linear centimeter measured in both directions. The blouse has a banded woven collar, full-length sleeves, and a hemmed bottom. The front has a woven partial placket with a partial opening and 7 functional buttons.

You provided two versions of the manufacturing operations.

The manufacturing operations for the blouses are as follows:

VERSION A

CHINA

Cut the fabric into components
Sew the woven placket & woven pin tuck on front panel Sew the shoulder seams, joining the front and back panels Sew the woven collar to front and back panel Sew the button holes and attach the buttons on placket Attach the main and country of origin labels to the back panel Marked “Made in the Northern Marianas Islands”

COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS

Attach the sleeves to body
Sew the underarm seams
Sew the side seams
Hem the sleeve opening
Hem the bottom
Attach care label to the body
Inspection, ironing, packing for export

VERSION B

CHINA

Cut the fabric into components
Sew the woven placket & woven pin tuck on front panel Sew the shoulder seams, joining the front and back panels Sew the woven collar to front and back panel Attach the main and country of origin labels to the back panel Marked “Made in the Northern Marianas Islands”

COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS

Sew the button holes and attach the buttons on placket Attach the sleeves to body
Sew the underarm seams
Sew the side seams
Hem the sleeve opening
Hem the bottom
Attach care label to the body
Inspection, ironing, packing for export

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the blouse will be 6106.10.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Women’s blouses, knitted or crocheted: Of cotton: Women’s. The general rate of duty will be 19.7% 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 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 submitted garment is not knit to shape and consists of two or more components. The garment is not assembled in a single country, territory or insular position. Accordingly, 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, 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".

The most important assembly operations are: sewing the placket to the front panel; sewing the shoulder seams to join the front and back panels; and sewing the collar to the front and back panels. Therefore under both manufacturing versions the country of origin is China, the country in which these operations were performed.

HOLDING:

Under both the manufacturing versions the country of origin of the garment is China.

The blouse falls within textile category 339. 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.

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 DeGaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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