Country of origin determination for a sample of a woman’s knit garment; 19 CFR 102.21(c)(4). Dear Mr. Fung:

NY J89332 October 22, 2003 CLA2-61:RR:NC:WA 361 J89332 CATEGORY: Origin Mr. SK Fung, Owner Fu Son Garment Factory No 123, Avenida Almirante Lacerda “Hip Wa” Industrial Bldg., 5, 6, 7, 9, 10, & 11 Floor Macau-Asia RE: Country of origin determination for a sample of a woman’s knit garment; 19 CFR 102.21(c)(4). Dear Mr. Fung: This is in reply to your letter dated September 20, 2003, requesting a country of origin determination for a sample of a woman’s knit garment, similar to a cardigan, which will be imported into the United States. FACTS: The submitted garment is made from 60 percent polyester, 40 percent cotton knit fabric with more nine stitches per centimeters in the horizontal directions. The garment has a hood with a drawstring, a full front opening with a zipper closure, long sleeves, pockets with zipper closures below the waist, and a plain, hemmed bottom. The manufacturing operations for the shirt are as follows: CHINA Cut the fabric to component parts Fuse interfacing of left and right front panels Overlock interfacing and raw edges of front panels Overlock half-moon back yoke panel Overlock raw edges of sleeve panels Sew two front right panels and two front left panels together Attach pockets with zipper closures to each side of front Sew half moon to inside of back panel Sew inside sleeve interfacing and top stitch both sleeve panels Attach eyelets to edge of hood panel Overlock center seam and side seam of hood panel Top stitch center seam and along rim of hood panel MACAU Join shoulder seams Set sleeve panels to armholes Top stitch armholes Join side seams Set hood panel to neck opening to form hood Sew main label, (care/content/country of origin) at center back CHINA Attach zippers Sew twill tape at back neck seam Sew bottom hem; top stitch both sides of zipper front Safety stitch sleeve opening, front placket & hood draw cord Slide in draw cord Trim thread Inspect finished garment Press garments Fold garments Attach hang tags Pack garments into individual polybag MACAU Pack finished garments into export cartons ISSUE: What is the classification and country of origin of the subject merchandise? 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at 19 U.S.C. 3592), enacted on December 8, 1994, provided rules of origin for textiles and apparel entered, or withdrawn from warehouse for consumption, on and after July 1, 1996.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 the result of the good being wholly assembled in a single country, territory, or insular possession. If the good is not knit to shape and does not consist of two or more component parts, a change to heading 6101 through 6117 from any heading outside that group, except from heading 5007, 5111 through 5113, 5208 through 5212, 5309 through 5311, 5407 through 5408, 5512 through 5516, 5806, 5809 through 5811, 5903, 5906 through 5907, and 6001 through 6002, and subheading 6307.90, and provided that the change is the result of a fabric-making process. 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. The submitted garment will be classified in the above noted range, specifically in heading 6110. It is not knit to shape and consists of two or more components. Since the garment is assembled in more than one country, territory or insular possession, the terms of the tariff shift are not met and (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 to shape nor wholly assembled in a single country, territory or insular possession, 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". The most important assembly operations are: joining the shoulder seams, setting the sleeve panels, joining the side seams and setting the hood to the neck opening. Therefore, the country of origin is Macau, the country in which these operations were performed. HOLDING: The country of origin of the woman’s garment is Macau. Based upon international textile trade agreements products of country Macau are 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 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 Angela De Gaetano at 646-733-3049. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division