Classification and country of origin determination for a men’s knit pullover; 19 C.F.R. §102.21(c)(4)

NY D85780 February 17, 1999 CLA-2-RR:NC:TA:N3:356 D85780 CATEGORY: Classification Ms. Brenda A. Jacobs Powell, Goldstein, Frazer & Murphy LLP 1001 Pennsylvania Avenue, N.W. - Sixth Floor Washington, D.C. 20004 RE: Classification and country of origin determination for a men’s knit pullover; 19 C.F.R. §102.21(c)(4) Dear Ms. Jacobs: This is in reply to your letter dated December 23, 1998, on behalf of Hoi Meng Garment Manufactory Ltd., requesting a classification and country of origin determination for a men’s knit pullover which will be imported into the United States. As requested, you samples will be returned. FACTS: The subject merchandise is a men’s pullover garment constructed from 100 percent cotton, jersey knit fabric which measures 18 stitches per 2 centimeters counted in the horizontal direction. The garment features a rib knit crew neckline; long sleeves with rib knit cuffs, and a hemmed bottom. You have stated that the manufacturing operations will take place in two countries, identified as Country A and Country B, and that neither country is a party to a free trade agreement with the United States or a U.S. insular possession. The manufacturing operations for the pullover are as follows: COUNTRY A: - the fabric is knit and cut into component parts (consisting of three front panel pieces, three back panel pieces, five pieces for each sleeve, the neckband, the neck tape; and the rib knit cuffs) - the three pieces of the front panel are sewn together - the three pieces of the back panel are sewn together - the front and back panels are joined at the shoulder seams - the five pieces for the left sleeve are sewn together - the five pieces for the right sleeve are sewn together - the sleeve seam is sewn closed COUNTRY B: - the front and back panels are joined at the side seams - the sleeves are attached to the garment at the armhole - the neckband is attached to the garment - the cuffs are attached to the sleeves - the garment is hemmed - the labels are sewn on - the garment is finished (washed, trimmed, ironed), inspected, and packed for shipment ISSUE: What is the classification and country of origin for the subject merchandise? CLASSIFICATION: The applicable subheading for the men’s knit pullover will be 6110.20.2065, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), 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 will be 18.6 percent ad valorem. The pullover falls within textile category designation 338. 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. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office. COUNTRY OF ORIGIN - LAW AND ANALYSIS: On December 8, 1994, the President signed into law the Uruguay Round Agreements Act. Section 334 of that Act (codified at 19 U.S.C. §3592) provides new rules of origin for textiles and apparel entered, or withdrawn from warehouse, for consumption, on and after July 1, 1996. On September 5, 1995, Customs published Section 102.21, Customs Regulations, in the Federal Register, implementing Section 334 (60 FR 46188). Thus, effective July 1, 1996, the country of origin of a textile or apparel product shall be determined by 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. Although the subject garment is not knit to shape and consists of two or more component parts, it is not wholly assembled in a single country, territory or insular possession. Accordingly, as the terms of the tariff shift are not met, 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 the subject merchandise is neither knit, nor wholly assembled, in a single country, Section 102.21 (c)(3) is inapplicable. Section 102.21 (c)(4) states, “Where the country of origin of a textile or apparel product cannot be determined under paragraph (c)(1), (2) or (3) of this section, the country of origin of the good is the single country, territory or insular possession in which the most important assembly or manufacturing process occurred.” In the case of the subject garment, the joining of the front and back panels at the side seams, the attachment of the sleeves to the body of the garment, the attachment of the neckband to the garment, and the attachment of the cuffs to the sleeves constitute the most important assembly processes. Accordingly, the country of origin of the pullover is Country B. HOLDING: The country of origin of the men’s knit pullover is Country B. Based upon international textile trade agreements products of Country B may be subject to quota and the requirement of a 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 C.F.R. §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 C.F.R. §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 C.F.R. §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 212-637-7081. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division