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NY B89900

October 6, 1997

CLA-2-61-RR:NC:TA:359 B89900


Ms. Beth C. Ring
Sandler, Travis and Rosenberg
505 Park Avenue
New York, NY 10022

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

Dear Ms. Ring:

This is in reply to your letter dated September 16, 1997, on behalf of your client, Peninsula Knitters, Ltd., Kowloon, Hong Kong, requesting a classification and country of origin determination for a woman's knitted pullover which will be imported into the United States.


The subject merchandise consists of Style P1011, which is a woman's knitted pullover that consists of 100% silk fibers. The fabric of the jersey knit garment has more than nine stitches per two centimeters, measured in the direction in which the stitches were formed. The pullover features a crew neckline, short sleeves with a tubular finish and the same tubular finish on the bottom of the garment. Accompanying this sample are samples of separate knitted panels which make up the finished pullover. We are retaining these samples for instructional purposes. The manufacturing operations for the knitted pullover are as follows:

- the component parts of the pullover(the separate panels) are knit to shape entirely in Australia;

- the knit-to-shape components are not cut but are taken down from the knitting machine as completed panels for the pullover;

- the panels are shipped to China where the green edging is removed and the panels are assembled by linking and looping.


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


The applicable subheading for the pullover, Style P1011 will be 6110.90.1060, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for sweaters, pullovers, knitted or crocheted, of other textile materials: containing 70 percent or more by weight of silk, other, women's. The rate of duty will be 4.5% ad valorem.

The pullover falls within textile category designation 739. 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

6110.90.1060 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 pullover in heading 6110 which takes place while the panels of the pullover are in China and are considered component pullover parts in heading 6117, happens within (not without) the specified heading group. Accordingly, as the ladies's knitted silk pullover does not meet the tariff shift requirements 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 pullover panels - front, rear and short sleeves), in a single country (Australia), then, Section 102.21(c)(3) applies.


The country of origin of the pullover, Style P1011 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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