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NY N009070

April 27, 2007



Ms. Sherri Desjardins
UPS Trade Management Services, Inc.
600 Fritz Drive
Coppell, TX 75019

RE: Classification and country of origin determination for a men’s knit pullover; 19 CFR 102.21 (c)(1); wholly obtained or produced.

Dear Ms. Desjardins:

This is in reply to your letter dated March 28, 2007, on behalf of Paul Smith, Inc., requesting a classification and country of origin determination for a men’s knit pullover that will be imported into the United States. You state that the components will be knit to shape and assembled by linking and looping in Erdos City, Inner Mongolia, China and you ask that we clarify whether garments produced in Inner Mongolia are considered products of China. You have provided a sample of the finished garment as it will be imported into the United States. As requested, your sample will be returned.

Style P6XC/537G is a men’s pullover garment constructed from 70% merino wool, 30% cashmere finely knit jersey fabric that measures 18 stitches per 2 centimeters counted in the horizontal direction. The garment has a rib knit crew neckline, long sleeves with rib knit cuffs, and a rib knit bottom.

You state that the wool / cashmere blend yarn is spun and is knit into component parts for the front and back panels, the sleeves and the neckband in Inner Mongolia, China. The garment is also completely assembled by linking and looping in Inner Mongolia, China.


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


The applicable subheading for Style P6XC/537G is in 6110.11.0070, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for: sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of wool or fine animal hair: of wool: other: men's or boys’. The rate of duty is 16% ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on the World Wide Web at http://www.usitc.gov/tata/hts/.

Style P6XC/537G falls within textile category designation 438. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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 wholly obtained or produced in a single country, that is, China, country of origin is conferred in China.

You specifically inquire whether garments produced in Inner Mongolia are considered products of China. Inner Mongolia is one of five autonomous regions of China and products of Inner Mongolia are considered products of China. Inner Mongolia should not be confused with the independent country of Mongolia, which is a separate and distinct political entity. Marking of goods produced in Inner Mongolia as “Made in China” is acceptable country of origin marking for purposes of Section 304 of the Tariff Act.


The country of origin of Style P6XC/537G is China.

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 Mary Ryan at 646-733-3271.


Robert B. Swierupski

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