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August 27, 1999

CLA?61-2-RR:NC:TA:359 E85288


Mr. Arthur Bodek
Graham & James
885 Third Avenue, 21st Floor
New York, NY 10022-4834

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

Dear Mr. Bodek:

This is in reply to your letter dated July 29, 1999, on behalf of your client, Liz Claiborne, Inc., North Bergen, New Jersey, 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 a sample marked Style Number V4961585, as well as the component panels from which it is assembled. All materials are returned as requested.

Style V4961585 is a woman’s knitted pullover with a round, capped neckline and long sleeves. The sleeve ends and the bottom of the pullover have a tubular finish. The fiber content is 100% acrylic. The fabric has more than nine stitches per two centimeters on its outer surface, measured in the direction in which the stitches were formed. There are full-fashioned markings at the join of the sleeves and armholes.

The component panels show these characteristics:

A) The front panel has a self-start, tubular bottom; self-finished sides and armhole openings that are contoured to shape. It also has lines of demar- cation at the neckline that are not continuous. B) The back panel has the same characteristics as the front panel. C) The sleeve panels have a self-start, tubular end; self-finished sides and contouring to shape at the join near the shoulders.

The manufacturing operations for the pullover are as follows:

A) The front, back and sleeve panels are knitted in the Philippines. B) The front and back panels are cut along the lines of demarcation at the neckline in China.
C) The front, back and sleeve panels are linked together to form the pullover and the pullover is finished in China.

We note that the sleeve panels qualify as knit-to-shape panels. We also note that the front and back panels qualify as knit-to-shape panels even through the lines of demarcation at the neckline are not continuous.


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


The applicable subheading for the pullover will be 6110.30.3055, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for sweaters, pulloversand similar articles, knitted or crocheted, of man-made fibers, other, other, other, other, other, women’s. The rate of duty will be 33.1% ad valorem.

The pullover falls within textile category designation 639. The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.USTREAS.GOV. In addition, 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 and should also be verified at the time of shipment.


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

6110.30.3055 If the good is knit to shape, a change to heading 6117 from any heading outside that group, provided that the knit-to-shape components are knit in a single country

Section 102.21(e) states that the tariff classification change to heading 6110 must occur froma tariff heading outside of the designated group (6101 through 6117); however, the component panels are classified in heading 6117. Accordingly, as the requiste tariff shift does not take place, 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 knit to shape in a single country, namely, the Philippines Section 102.21(c)(3) applies.


The country of origin of the woman’s knitted pullover is the Philippines. Based upon international textile trade agreements products of the Philippines are subject to quota and 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 212-637-7077.


Robert B. Swierupski

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