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HQ 961370




March 2, 1998
CLA-2 RR:TC:TE 961370 jb

CATEGORY: CLASSIFICATION

Alan G. Lebowitz, Esq.
Grunfeld, Desiderio, Lebowitz & Silverman LLP 245 Park Avenue, 33rd Floor
New York, NY 10167-3397

RE: Country of origin determination for women's knitwear; 19 CFR

Dear Mr. Lebowitz:

This is in reply to your letter dated December 18, 1997, on behalf of your client, Rose Knitting (Asia) Ltd., requesting a country of origin determination for certain women's knitwear which will be imported into the United States. Samples of the garment's component pieces, before assembly, and the completed garment, were submitted to this office for examination.

FACTS:

The subject merchandise consists of a women's knit pullover, referenced style 385040, made of 100 percent cotton fabric and featuring a crew neck, long sleeves with rib knit cuffs and a rib knit waistband. The fabric of the pullover measures more than nine stitches per two centimeters, measured in the direction in which the stitches were formed.

As per your letter, the manufacturing operation for the subject garment is as follows:

Country A front panel, back panel, and sleeve panels are knit to shape neck trim is knit

You emphasize that the front and back panels are fully knit to shape, with no additional cutting to shape required at the neck or at the armholes of either component

Country B all components are linked together (i.e., by looping) into a finished garment finishing operations (i.e., inspection, mending, washing, ironing, and packing)

We assume any reference to "Country A" and "Country B" does not refer to a member of the North American Free Trade Agreement (NAFTA) or Israel.

ISSUE:

What is the country of origin of the subject merchandise?

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Section 334 of that Act (codified at 19 U.S.C. 3592) provides new rules of origin for textiles and apparel entered, or withdrawn from warehouse, for consumption, on and after July 1, 1996.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 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 foreign material 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) 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:"

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, territory or insular possession.

Section 102.21(c)(b) states:

(3) Knit to shape. The term knit to shape applies to any good of which 50 percent 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, with no consideration being given to patch pockets, appliques, or the like. Minor cutting, trimming, or sewing of those major parts will not affect the determination of whether a good is "knit to shape".

(4) Major parts. The term major parts means integral components of a good but does not include collars, cuffs, waistbands, plackets, pockets, linings, paddings, trim, accessories, or similar parts.

The subject pullover is classifiable in heading 6110, HTSUS. As the tariff shift to heading 6110, HTSUS, occurs in Country B from components classifiable in heading 6117, HTSUS, the tariff shift occurring in Country B fails to meet the requirements of the rule and origin cannot be determined by application of section

Paragraph (c)(3) states that "Where the country of origin of a textile or apparel product cannot be determined under paragraph (c)(1) or (c)(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 major panels of the subject garment are knit to shape in a single country, that is, Country A, the country of origin of the subject merchandise, as per section 102.21(c)(3)(i), is Country A.

HOLDING:

The country of origin of the subject women's knit garment, referenced style 385040, is Country A.

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 is issued on the assumption that all of the information furnished in the ruling letter, either directly, by reference, or by implication, is accurate and complete in every material respect.

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.

Sincerely,

John Durant, Director
Commercial Rulings Division

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