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NY L82041




February 17, 2005

CLA2-RR:NC:61:359 L82041

CATEGORY: CLASSIFICATION

Ms. Barbara More
The Janel Group of N.Y., Inc.
150-14 132nd Avenue
Jamaica, NY 11434

RE: Classification and country of origin determination for women’s knit garments; 19 CFR 102.21(c)(3)

Dear Ms. More:

This is in reply to your letter dated January 24, 2005, requesting a classification and country of origin determination for women’s knit upper body garments, which will be imported into the United States. This request was made on behalf of Crystal-Kobe Ltd.

FACTS:

The subject merchandise consists of two women’s knit garments, identified as style S1828 and style S7828. You submitted completed samples of the garments as well as the knit components of the garments. The samples will be returned as you have requested.

Style S1828 is a long sleeved crew neck pullover with tubular hems on the bottom and sleeves. The garment is made of 100% finely knit cotton fabric measuring more than nine stitches per two centimeters in the direction in which the stitches were formed. The component panels consist of the following:

A back panel with a self-start (tubular) bottom, self finished sides and armholes contoured to shape during the knitting process Two sleeve panels with self-start (tubular) ends and contoured to shape during the knitting process A front panel with a self-start (tubular) bottom, self finished sides and armholes contoured to shape during the knitting process

Style S7828 is a long sleeved pullover with tubular hems on the front and back panels. The garment is made of 100% knit cotton fabric measuring less than nine stitches per two centimeters in the direction in which the stitches were formed. The component panels consist of the following:

A back panel with a self-start (tubular) bottom, self finished sides and armholes contoured to shape during the knitting process Two sleeve panels with self-start (tubular) ends and contoured to shape during the knitting process A front panel with a self-start (tubular) bottom, self finished sides, armholes contoured to shape during the knitting process, and clear lines of demarcation for the cutout for the neckline

The manufacturing operations for both garments are as follows:

Yarn, which is spun and dyed in China, is knit into component panels in China. The garments pieces are then shipped to Mexico where they are looped together, and where applicable are hand stitched in a finishing process. The garments are inspected, washed and packed for direct shipment to the United States.

ISSUE:

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

CLASSIFICATION:

The applicable subheading style S1828 will be 6110.20.2075, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for sweaters, pulloversand similar articles, knitted or crocheted: Of cotton: Other: Other: Other: Women’s or girls’. The general rate of duty will be 16.5 percent ad valorem.

The applicable subheading for style S7828 will be 6110.20.2020, HTSUSA, which provides for . sweaters, pulloversand similar articles, knitted or crocheted: Of cotton: Other: Other: Sweaters: Women’s. The general rate of duty will be 16.5 percent ad valorem.

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 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 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 a result of the good being wholly assembled in a single country, territory, or insular possession

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

Section 102.21(b)(3) states that the term “knit to shape” applies to any good of which 50% or more of the exterior surface area formed by the major parts that have been knitted or crocheted directly to the shape of the knitted good.

While all of the major parts of style S7828 are knit to shape, the front panel of style S1828 does not contain any lines of demarcation for the neckline nor is it knit to the shape of the neckline. However, the back and sleeve panels are considered knit to shape. The back panel is combined for measuring purposes with the two sleeve panels, constitutes more than 50% of the exterior surface area of the garment and therefore, style S1828 is considered a knit to shape garment.

Section 102.21(e) states that a tariff change from a heading outside headings 6101 through 6117 must occur. Accordingly, as both the finished garments and the component pieces are within that range of headings, the required tariff shift does not occur and Section 102.21(c)(2) is inapplicable.

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 both styles are knit to shape in China, Section 102.21(c)(3) applies.

The country of origin of style S7828 and style S1828 is China. The goods must be marked to state that China is the country of origin.

Style S7828 falls within textile category designation 345. Style S1828 falls within textile category designation 339. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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 Camille R. Ferraro at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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