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NY I83541

July 23, 2002



Ms. Bernadette Placido
Supervisor, Customs Compliance
QVC, Inc.
1200 Wilson Drive
West Chester, Pennsylvania 19380-4262

RE: Classification and country of origin determination for a woman’s knitted cardigan; 19 CFR 102.21(c)(2); tariff shift

Dear Ms. Placido:

This is in reply to your letter dated July 5, 2002, and to a subsequent letter dated July 16, 2002, requesting a country of origin determination for a woman’s knitted cardigan which will be imported into the United States. We have previously issued a ruling concerning the classification of this garment; see NY I83044, dated June 25, 2002. Your samples of the cardigan and its component panels, which were partially destroyed during our analysis, are returned as requested.

FACTS: The subject merchandise consists of a woman’s knitted reversible cardigan that consists of 96% wool, 4% nylon fibers. The outer surface on each side of the cardigan is composed of fabric that measures more than nine stitches per two centimeters in the direction in which the stitches were formed. Each side of the reversible garment features a U-neckline, long sleeves with turned back cuffs, a full-front opening with no means of closure and knitted capping that covers the edges of the neckline, the placket, the bottom and the sleeve ends. The style number is A14887.

You also submitted samples of the component panels from which the cardigan is formed. These consist of the following: Front Panel
-rectangular shape;
-top and bottom have separator threads attached; both ends subject to raveling; -self-finished sides; -neither neckline nor armholes contoured to shape during the knitting process; -no lines of demarcation present at the neckline or armholes; -one vertical line of demarcation present (indicates separator of two front panels);

Back Panel
-same as front except there is no vertical line of demarcation;

Sleeve Panels
-separator threads at both ends still present; fabric subject to raveling; -self-finished sides;
-not contoured to shape during the knitting process at the point of join to the body; -no lines of demarcation present.

For the purpose of determining the country of origin of the cardigan, none of the component panels are considered knit to shape.

The manufacturing operations for the cardigan are as follows:

In Sri Lanka
-the panels are knit

In China
-the panels are linked into the finished garment.


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


The applicable subheading for the woman’s knitted cardigan, Style A14887, will be 6110.11.0080, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for sweaters, pullovers,---and similar articles, knitted or crocheted: of wool or fine animal hair: of wool: other: women’s. The rate of duty will be 16.2% ad valorem.

The cardigan falls within textile category designation 438. 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

6110.11.0080 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 woman’s knitted cardigan, Style A14887, is not knit to shape, consists of more than two component panels from heading 6117, which are changed when assembled into a good of heading 6110, and which are assembled in a single country, that is, in China, as per the terms of the tariff shift requirement, the country of origin is conferred in China.


The country of origin of the cardigan is China. Based upon international textile trade agreements products of China 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 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 Mike Crowley at 646-733-3049.


Robert B. Swierupski

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