Classification and country of origin determination for brassieres; 19 CFR 102.21(c)(3)

N035104 August 29, 2008 CLA2-OT:RR:NC:62:354 CATEGORY: Classification Mr. Jorge Zeledon O’Bryan Brothers Inc. 4256 West Belmont Avenue Chicago, IL 60641-4693 RE: Classification and country of origin determination for brassieres; 19 CFR 102.21(c)(3) Dear Mr. Zeledon: This is in reply to your letter dated August 4, 2008, requesting a classification and country of origin determination for brassieres which will be imported into the United States. FACTS: The subject merchandise consists of a woman’s seamless bra, style #836430, which you state is made up of 82% rayon from bamboo, 12% nylon and 6% spandex knit fabric. The brassiere is made up of a tubular knit component with a self start top and bottom and clear and continuous lines of demarcation indicated by a change in knit pattern delineating the area that forms the cups, sides, back and the top and bottom bands of the brassiere. The brassiere also features removable, elasticized adjustable shoulder straps, an inner lining panel at the front that creates a pocket for two removable pads at the bust, and an elastic strip measuring approximately ½ inch in width and 3 inches in length, which is sewn to the underside of the front of the brassiere in order to cause a shirring effect at the center of the cups. The manufacturing operations for the brassiere are as follows: Various European Countries: -Yarn is sourced and shipped to Turkey Turkey: -Knit tubular seamless panels with lines of demarcation and self start areas are produced - Panels are dyed and shipped to the Al-Tajamouat Qualified Industrial Zone in Jordan Jordan – QIZ: - Panels are cut along lines of demarcation - All other attachments are added such as the shoulder straps, inner lining, inner padding, and the elastic strip sewn to the underside of the front of the brassiere - Assembly and packing operations take place before the brassieres are shipped to the U.S. ISSUE: What are the classification and country of origin of the subject merchandise? CLASSIFICATION: The applicable subheading for style #836430 will be 6212.10.9020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted: brassieres: other: other…of man-made fibers. The general rate of duty will be 16.9% 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 World Wide Web at http://www.usitc.gov/tata/hts/. 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, “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, “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, 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 6210 – 6212 (1) If the good consists of two or more component parts, a change to an assembled good of heading 6210 through 6212 from unassembled components, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession. (2) If the good does not consist of two or more component parts, a change to heading 6210 through 6212 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, 5602 through 5603, 5801 through 5806, 5809 through 5811, 5903, 5906 through 5907, 6001 through 6006, and 6217, and subheading 6307.90, and provided that the change is the result of a fabric-making process. The tubular knit component, once knit to shape in Turkey, is classifiable under heading 6212, HTSUS. According to our examination, the yarn is properly classifiable as a gimped yarn under heading 5606, HTSUS. Section 102.21(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, appliqués, 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. This brassiere, having only one component and several minor attachments, is not “wholly assembled,” nor does its production involve a “fabric-making process.” Therefore, we are unable to invoke a country of origin determination under 102.21(c)(2). Section 102.21(c)(3) states, 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. Section 102.21(b)(3) defines knit to shape as: The term “knit to shape” applies to any good of which 50 percent or more of the exterior surface area is formed by major parts that have been knitted or crocheted directly to the shape used in the good, with no consideration being given to patch pockets, appliqués, or the like. Minor cutting, trimming, or sewing of those major parts will not affect the determination of whether a good is “knit to shape.” The term “major parts” means “integral components of a good but does not include collars, cuffs, waistbands, plackets, pockets, linings, paddings, trim, accessories, or similar parts.” See Section 102.21(b)(4), CBP Regulations. In this case, the subject tubular knit fabric component has a self start top and bottom edge and clear and continuous lines of demarcation that outlines the brassiere. Thus the subject tubular fabric component is considered “knit to shape.” The assembly of the shoulder straps, lining, padding and elastic strip will not affect the determination of whether the brassiere is knit to shape as it has only one integral component, and that is the knit to shape tubular knit portion. In this regard, the brassiere is considered to be “knit to shape” under 19 C.F.R. 102.21(c)(3). As the subject merchandise is knit to shape in Turkey, Section 102.21(c)(3) applies. HOLDING: The country of origin of the brassieres is Turkey. 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 Deborah Marinucci at (646) 733-3054. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division