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NY L86317

August 2, 2005

CLA-2-RR:NC:TA:N3:356 L86317


Ms. Yvonne Arking
Basic Resources Inc.
31 West 34th Street, 6th Floor
New York, NY 10001

RE: Classification and country of origin determination for a men’s knit garment; 19 CFR 102.21(c)(2); tariff shift

Dear Ms. Arking:

This is in reply to your letter dated July 14, 2005, concerning a classification and country of origin determination for a men’s knit garment that will be imported into the United States. You state that the manufacturing operations for the garment will occur in two different countries, China and Cambodia. You have provided samples of the garment parts in each stage of production, and a sample of the finished garment as it will be imported into the United States. Your sample has been retained for our files.


The submitted sample, Style 1007, is a men’s pullover garment constructed from 55% cotton, 45% nylon, finely knit tubular fabric. The garment has a crew neckline finished with rib knit capping; short, hemmed, raglan sleeves; a large jacquard design on the left chest; and a straight, hemmed bottom.

You state that each garment is formed from a tubular piece of fabric that comes off the knitting machine individually with a self-hemmed bottom and a self-finished top. The armhole and neckline shapes must be cut in order to shape the garment. The sleeves are also formed from an individual tubular piece of self-hemmed fabric that is cut to form two sleeves. There are no lines of demarcation for the armholes or neckline visible on the tubular knit panels.

The manufacturing operations are as follows:

The tubular panels are knit
The rib knit binding for the neckline is knit in rolls The fabric is subjected to a shrinking and dyeing process

The armholes and the neckline are cut on the body panel The sleeve panel is cut to shape forming two raglan sleeves The sleeves are attached
The neckline capping is attached
The garment is finished and packed for export


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


The applicable subheading for the garment will be 6110.20.2065, Harmonized Tariff Schedule of the United States, (HTS), which provides for: sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of cotton: other: other: other: men’s or boys’. The rate of duty is 16.5% ad valorem.

The garment falls within textile category designation 338. 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.cpb.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.


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

Paragraph (b) (6) defines “wholly assembled” as:

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.

The submitted garment is not knit to shape and consists of two or more parts. As all of the assembly operations occur in Cambodia, the garment is considered “wholly assembled” in a single country, that is, Cambodia. As per the terms of the tariff shift requirement, country of origin is conferred in Cambodia.


The country of origin of the sample garment is Cambodia. Based upon international textile trade agreements, products of Cambodia are not presently subject to visa requirements or quota restraints.

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 sections 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 Mary Ryan at 646-733-3271.


Robert B. Swierupski
National Commodity

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