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NY D87029

September 1, 1999

CLA2-61:RR:NC:TA:359 D87029


Ms. Allison M. Baron
Sharretts, Paley, Carter & Blauvelt, P.C. 67 Broad Street
New York, NY 10004

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

Dear Ms. Baron:

This is in reply to your letter dated January 14, 1998, submitted on behalf of your client, Polo Ralph Lauren Corp., Lyndhurst, New Jersey, requesting a classification and country of origin determination for a woman’s knitted pullover that is made in more than one country and which will be imported into the United States.


The subject merchandise consists of a woman’s knitted pullover with short sleeves and a crew neckline. The fiber content is 100% cotton and the fabric stitch count is more than nine stitches per two centimeters, measured in the direction in which the stitches were formed. The style number is 77853. You submitted the component panels for the pullover, however, you failed to submit the completed garment. The panels are returned as requested.

The component panels display the following characteristics:

A) Front panel
- self-start bottom
- self finished sides
- contoured to shape neckline and armholes (during the knitting process); B) Back panel
- same as the front panel
C) Sleeves
- self- start bottom
- self-finished sides

Although you claim that there are lines of demarcation at the shoulder area of the front and back panels and also on the sleeves at the point where they are to be joined to those panels, in fact, there are no such lines of demarcation which clearly and continuously indicate the section to be cut. Nevertheless, all four of the components are considered knit-to-shape panels.

The manufacturing operations for the woman’s knitted pullover are as follows: The component panels are knit to shape in Hong Kong and linked together in China.


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


The applicable subheading for the pullover will be 6110.20.2075, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for sweaters, pulloversand similar articles, knitted, of cotton, other, other, other, women’s. The rate of duty will be 18.6% ad valorem.

The pullover falls within textile category designation 339. 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

6110.20.2075 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(e) states that the tariff shift must occur from a heading outside the designated group; however, the component panels and the completed pullover are both classified in headings within that grouping. Accordingly, as the pullover does not qualify for the tariff shift, 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, that is, Hong Kong, Section 102.21(c)(3) applies.


The country of origin of the pullover is Hong Kong. Based upon international textile trade agreements products of Hong Kong 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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