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NY K80295

December 3, 2003

CLA2-61:RR:NC:TA: 359: K80295


Ms. Rosemary Cali
Vice President, Operations
Makalot Group USA, Inc.
110 West 40th Street, Suite 603
New York, New York 10018

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

Dear Ms. Cali:

This is in reply to your letter dated November 3, 2003, requesting a classification and country of origin determination for women’s knitwear that will be imported into the United States. You state that the importer of record for these goods will be Wal-Mart Stores, Inc., 601 North Walton, Bentonville, Arkansas, 72716. We have retained your sample with permission for instructional purposes.


The subject merchandise consists of Style WS 512106, a woman’s knitted pullover that has short, capped sleeves; a hemmed bottom; a round, capped neckline and decorative beads and spangles that are sewn to the front. The fiber content is 100% cotton. The 1X1 rib knit fabric of the pullover has more than nine stitches per two centimeters, measured in the direction in which the stitches are formed. The fabric weight is 240 grams per square meter. You also submitted the component parts of the pullover as well as sketches and “a tracing of the pattern.” The component parts consist of the front panel, the back panel, the sleeve panels and a strip of fabric for the neck and sleeve capping. These parts represent the pullover in its unassembled condition at the conclusion of Stage 1 of the manufacturing process. The fully assembled pullover represents the garment at the end of Stage 2 of the manufacturing process. This stage occurs in one of two possible countries.

The manufacture’s processing operations for the pullover are as follows: In China (Stage 1)
-cut component parts
-sew beading and spangles to front panel

In Indonesia or In El Salvador (Stage 2)
-sew front and back panels at right shoulder -attach label to inside neck
-sew capping to neckline
-sew front and back panels at left shoulder -sew capping to sleeves
-sew sleeves to body
-sew side seams
-hem bottom.


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


The applicable subheading for the woman’s knitted pullover will be 6110.20.2075, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for sweaters, pullovers --- and similar articles, knitted or crocheted: of cotton: other: other: other: women’s. The rate of duty will be 16.9% ad valorem for the year 2003 and 16.5% ad valorem for 2004.

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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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.


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 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 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.

Paragraph (b)(4) defines “Major parts” as follows: The term “major parts” means integral components of a good but does not include collars, cuffs, waistbands, plackets, pockets, linings, paddings, accessories, or similar parts.

Paragraph (b)(6) defines “wholly assembled”: The term “wholly assembled” when used with reference to a good means that all components, of which there must be at least two, preexisted in essentially the same condition as found in the finished good and were combined to form the finished good in a single country, territory or insular possession. Minor attachments and minor embellishments (for example, appliques beads, spangles, embroidery, buttons) not appreciably affecting the identity of the good, and minor subassemblies (for example, collars, cuffs, plackets, pockets) will not affect the status of a good as “wholly assembled” in a single country, territory or insular possession.

As the pullover is not knit to shape, and since its classification changes from unassembled components to an assembled good of heading 6110, and since it is assembled in a single country, that is, either in Indonesia or in El Salvador, thereby conforming to the terms of the tariff shift requirement, the country of origin is conferred in either Indonesia or in El Salvador.


The country of origin of the pullover, Style WS 512106, is either Indonesia or El Salvador. Based upon international textile trade agreements products of Indonesia are subject to the restraints of quota and the requirement of a visa; products of El Salvador are neither subject to quota nor 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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