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NY B89043

October 6, 1997

CLA-2-61-RR:NC:TA:359 B89043


Mr. Alan R. Klestadt
Grunfeld, Desiderio, Lebowitz & Silverman 245 Park Avenue - 33rd Fl.
New York, NY 10167

RE: Classification and country of origin determination for a ladies' knit sweater; 19 CFR 102.21(c)(3)

Dear Mr. Klestadt:

This is in reply to your letter dated August 28, 1997, requesting a classification and country of origin determination for a ladies' knit sweater which will be imported into the United States.


The subject merchandise, Style 301-1, which is a ladies' knit sweater, is made from 100% wool fibers. The fabric of the jersey knit sweater has less than nine stitches per two centimeters, measured in the direction that the stitches were formed. The garment features a rib knit V-neckline, long sleeves with rib knit cuffs and a rib knit bottom. Your samples are retained by this office for instructional purposes.

The manufacturing operations for the sweater are as follows: - the sweater panels are knit to shape in Australia: you state "no further cutting to shape to shape is necessary after the panels are knit";

- the panels are shipped to China;

- the panels are assembled together in China by linking;

- the sweater is finished and pressed in China.

You submitted one sample sweater along with samples for each of the panels which compose the finished sweater. In a telephone conversation with the appropriate National Import Specialist you stated that the importer of record should be considered Lerner's New York City, even though your request was made on behalf of Dransfield Apparel (USA), Inc. The intended port of importation is stated to be Columbus, Ohio.


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


The applicable subheading for the sweater will be 6110.10.2030, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for sweaters, knitted or crocheted, of wool, other, women's. The rate of duty will be 16.7% ad valorem.

The sweater falls within textile category designation 446. The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.


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 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

6110.10.2030 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 (emphasis added).

Section 102.21(e) states that there must be a tariff shift to headings 6101 through 6117 from a heading outside those specified headings. In the present case, however, the tariff shift that occurs in the classification of the sweater in heading 6110 which takes place while the panels of the sweater are in China and are considered component sweater parts in heading 6117, occurs within (not without) the specified heading group. Accordingly, as the ladies' wool knit sweater does not meet the tariff requirement of Section 102.21(e), therefore, 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.

As the subject merchandise is completely knit to shape (that is including all the sweater panels - front, rear and sleeves), in a single country (Australia), then Section 102.21(c)(3) applies.


The country of origin of the sweater, Style 301-1 is Australia. Based upon international textile trade agreements products of Australia are not subject to quota or the requirement of a visa.

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 sections 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 Mike Crowley at 212-466-5852.


Robert B. Swierupski

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