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NY L86927




September 8, 2005

CLA2-RR:NC:TA:353 L86927

CATEGORY: CLASSIFICATION

Mr./Ms. C. J. Erickson
Cowan, Liebowitz & Latman, P.C.
1133 Avenue of the Americas
New York, NY 10036-6799

RE: Classification and country of origin determination for socks; 19 CFR 102.21(c)(2); tariff shift

Dear Mr./Ms. Erickson:

This is in reply to your letter dated August 8, 2005, on behalf of Wiesner Products, Inc., requesting a classification and country of origin determination for socks, which will be imported into the United States.

FACTS:

The subject merchandise are a men’s, women’s and children’s socks composed of knit 80% cotton, 17% polyester and 3% spandex. The socks contain no lace or net and are 67 decitex or more.

The socks will be knit to shape in Hong Kong from dyed yarn of Chinese origin, The socks will be shipped to China for toe seaming, boarding and packaging. The packed socks will be returned to Hong Kong and shipped to the United States.

ISSUE:

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

CLASSIFICATION:

  The applicable subheading for the men’s, women’s and children’s socks will be 6115.92.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for other “Panty hose, tights, stockings, socks and other hosiery, Of cotton.” The duty rate will be 13.5 percent ad valorem. The textile category designation is 332.

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at 19 U.S.C. 3592), enacted on December 8, 1994, provided rules of origin for textiles and apparel entered, or withdrawn from warehouse for consumption, on and after July 1, 1996.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 requirement

6101–6117 (3) If the good is knit to shape, a change to heading 6101through 6117 from any heading outside that group, provided that the knit-to-shape components are knit in a single country, territory, or insular possession

As the components are knit to shape in a single country, that is, Hong Kong, as per the terms of the tariff shift requirement, country of origin is conferred in Hong Kong.    

HOLDING:

The country of origin of the socks is Hong Kong.

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 Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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