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NY I86004

October 3, 2002

CLA2-RR:NC: 61: N3: I86004


Mr. John A. Schoenig
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 245 Park Avenue – 33rd Fl.
New York, New York 10167-3397

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

Dear Mr. Schoenig:

This is in reply to your letter dated August 30, 2002, which was submitted on behalf of your client Mast Industries, Inc., and which requested a classification and country of origin determination for women’s knitwear which will be imported into the United States. Your sample is returned as requested.

FACTS: The subject merchandise consists of Style 86H1648, which is a woman’s openwork knitted and crocheted pullover sweater with a fiber content of 92% acrylic, 8% wool. The sweater extends from the neck and shoulders of the wearer to below her waist. The sweater features a v-shaped neckline, long sleeves that are finished with scalloped edging, a bottom that is finished with scalloped edging. The sweater also has a self-fabric, knitted string tie that is threaded through the garment’s fabric below the chest of the wearer.

You also submitted the component panels from which the sweater is assembled. These consist of the following:
Front Panel
-self-finished sides
-neckline contoured to shape during the knitting process -armholes contoured to shape during the knitting process

Back Panel
-same as front panel

Two Sleeve Panels
-self-start crocheted ends
-self-finished sides
-armholes contoured to shape during the crochet process.

The manufacturing operations for the sweater are as follows:

In Hong Kong
-knit the front and back panels

In China
-crochet the sleeve panels to shape
-assemble all the panels by linking
-add crocheted scalloped edging to the bottom of the front and back panels and add chain stitch edging to the neckline.

We note that the front and back panels are not considered to be knit-to-shape panels for the purpose of determining the country of origin of this sweater. They both lack a “finished bottom edge” as is required according to the definitions that are contained in the Customs publication, “Knit to Shape Apparel Products”, January 1999, at page 3. The crocheted edge that finishes the bottom is added later by a separate process. Although the sleeves are considered to be crocheted to shape, they do not constitute more than 50% of the surface area of the garment. Therefore, the sweater in not considered to be knit to shape.


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


The applicable subheading for the woman’s sweater will be 6110.30.3020, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for sweaters --- and similar articles, knitted or crocheted: of man-made fibers: other: other: other: other: sweaters: women’s. The rate of duty will be 32.4% ad valorem.

The sweater falls within textile category designation 646. 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

6110.30.3020 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 sweater is not considered to be knit to shape and as it is assembled in a single country, that is, in China, following the terms of the tariff shift requirement, the country of origin is conferred in China.


The country of origin of the woman’s sweater, Style 86H1648 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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