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NY G82818

October 25, 2000

CLA2-RR:NC:TA:N3:358: G82818


TARIFF NO.: 6111.20.6010

Mr. Edward Chen
Taiwan Garments Manufacturing Company Ltd. P.O. Box 82
Taipei, Taiwan

RE: Classification and country of origin determination for infant’s creeper; 19 CFR 102.21(c)(2); tariff shift

Dear Mr. Chen:

This is in reply to your letter dated October 20, 2000, requesting a classification and country of origin determination for an infant’s creeper, Style 8301, which will be imported into the United States.


The subject merchandise is a screen-printed all-over design creeper of 100% cotton interlock fabric. According to your submission, the fabric weight is about 190 to 195 grams per square meter. The creeper has a 5 metal snap full front opening, a 3 metal snap crotch, short raglan sleeves and capped fabric at the neck, sleeve and leg hole openings. The article is sized for infants 3 to 6 months of age.

The fabric is made in Taiwan.

The manufacturing operations for the creeper, Style 8301, are as follows:

Country A (China)

Cutting fabric into 5 pieces, including 2 front pieces, 1 back piece and 2 sleeve pieces.

Country B (Taiwan)

Opening buttonholes for front.
Assembling the back and front pieces. Assembling the sleeves and armholes. Trimming.
Inspecting, folding and ironing.
Packing into carton.


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


The applicable subheading for the infant’s creeper, Style 8301, will be 6111.20.6010, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for babies’ garments and clothing accessories, knitted or crocheted, of cotton, other, other, sunsuits, washsuits and similar apparel. The rate of duty will be 8.3 % ad valorem.

Infant’s cotton creepers fall within textile category designation 239. 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.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

6101-6117 (1) If the good is not knit to shape and consists of two or more component parts, a change to an assembled good of heading 6101 through 6117 from unassembled components, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession.

As the infant’s creeper consists of two or more component parts which preexisted in essentially the same condition as found in the finished good and the components were combined to form the finished good in a single country, that is, Taiwan, as per the terms of the tariff shift requirement, country of origin is conferred in Taiwan.


The country of origin of the infant’s creeper, Style 8301, is Taiwan. Based upon international textile trade agreements products of Taiwan are currently 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 section 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 Bruce Kirschner at 212-637-7079.


Robert B. Swierupski

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