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NY J89348




October 2, 2003

CLA-2-61:RR:NC:TA:361 J89348

CATEGORY: COUNTRY OF ORIGIN

Mr. Bernard Seah
Country General Manager
Ghim Li Global PTE. Ltd.
No 41 Changi South Avenue
2 Singapore 486153

RE: Country of origin determination for a woman’s knit hooded cardigan like garment; 19 CFR 102.21(c)(4).

Dear Mr. Seah:

This is in reply to your letter dated September 10, 2003, requesting a country of origin determination for a woman’s knit garment. The samples and components will be returned, as you requested.

FACTS:

The submitted garment, style 5A719, is a woman’s knit cardigan like garment. The garment has a hood with a drawstring, a full front opening with a zipper closure, long sleeves with cuffs, front pockets at the waist, and a rib knit waistband. The body of the garment is constructed from 80 percent cotton, 20 percent polyester knit terry fabric with more than nine stitches per two measured in the horizontal direction.

The garment is composed of the following components: two front panels, one back panel, a hood, two sleeve components, rib knit fabric for the sleeve cuffs and waistband; pockets, pocket trim, and a drawstring.

You have indicated that the garment may be made under one of the following production plans, as follows:

PRODUCTION PLAN I

Country A
Pattern Making and Marking
Fabric is cut into component parts
Inside back panel is printed
Front and back panels are joined at the shoulders Pockets and piping are attached to front panels Hood is constructed
Hood is attached to garment, drawstring is inserted Care label is sewn at the neck

Country B
Cuffs are attached to sleeves and sleeves to the garment Sleeves are closed and side seams sewn
Rib knit waistband is attached
Zipper is attached
Trimming, inspection, packing for export

PRODUCTION PLAN II

Country A
Pattern Making and Marking
Fabric is cut into component parts
Inside back panel is printed
Front and back panels are joined at the shoulders Pockets and piping are attached to front panels Hood is constructed

Country B
Hood is attached to garment, drawstring is inserted Care label is sewn at the neck
Cuffs are attached to sleeves and sleeves to the garment Sleeves are closed and side seams sewn
Rib knit waistband is attached
Zipper is attached
Trimming, inspection, packing for export

ISSUE:

What is the country of origin of the subject merchandise?

COUNTRY OF ORIGIN - LAW AND ANALYSIS:

Section 334 of the Uruguay Round Agreements Act (codified at 19 U.S.C. 3592), enacted on December 8, 1994, provided rules of origin for textiles and apparel entered, or withdrawn from warehouse for consumption, on and after July 1, 1996. Section 102.21, Customs Regulations (19 C.F.R. 102.21), published September 5, 1995, in the Federal Register, implements Section 334 (60 FR 46188). Section 334 of the URAA was amended by section 405 of the Trade and Development Act of 2000, enacted on May 18, 2000, and accordingly, section 102.21 was amended (68 Fed. Reg. 8711). Thus, the country of origin of a textile or apparel product shall be determined by the 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 garment is not wholly obtained or produced in a single country, territory or insular possession, paragraph (c)(1) of Section 102.21 is inapplicable under all production plans.

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
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. If the good is not knit to shape and does not consist of two or more component parts, a change to heading 6101 through 6117 from any heading outside that group, except from heading 5007, 5111 through 5113, 5208 through 5212, 5309 through 5311, 5407 through 5408, 5512 through 5516, 5806, 5809 through 5811, 5903, 5906 through 5907, and 6001 through 6002, and subheading 6307.90, and provided that the change is the result of a fabric-making process. 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.

The subject style will be classified within the above noted range. The garment consists of two or more components and is not knit to shape. As the garment is not wholly assembled in a single country, the terms of the tariff shift are not met under any of the production plans.

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; or

(ii) Except for goods of heading 5609, 5807, 5811, 6213, 6214, 6301 through 6306, and 6308, and subheadings 6209.20.5040, 6307.10, 6307.90, and 9404.90, if the good was not knit to shape and the good was wholly assembled in a single country, territory, or insular possession, the country of origin of the good is the country, territory, or insular possession in which the good was wholly assembled.

As the subject merchandise is neither knit to shape, nor wholly assembled in a single country, Section 102.21 (c)(3) is inapplicable.

Section 102.21 (c)(4) states, "Where the country of origin of a textile or apparel product cannot be determined under paragraph (c)(1), (2) or (3) of this section, the country of origin of the good is the single country, territory or insular possession in which the most important assembly or manufacturing process occurred".

Under Production Plans 1 the most important assembly operations occur where the sleeves are attached to the garment, the sleeve cuffs are attached to the sleeves, the sleeves and side seams are closed, the zipper is attached, and the waistband is attached. Accordingly, the country of origin is the country in which these operations occur, that is, country B.

Under Production Plans 2 the most important assembly operations occur where the hood is attached to the main body, the sleeves are attached to the garment, the sleeve cuffs are attached to the sleeves, the sleeves and side seams are closed, the zipper is attached, and the waistband is attached. Accordingly, the country of origin is the country in which these operations occur, that is, country B.

HOLDING:

The country of origin for the submitted garment under the two production plans is Country B.

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 Angela De Gaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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