- Type : • HTSUS :
-
Related:
960516
CLA-2 RR:CR:TE
961828 jb
John B. Pellegrini, Esq.
Ross & Hardies
Park Avenue Tower
65 East 55th Street
New York, NY 10022-3219
Dear Mr. Pelligrini:
This is in response to your letter, dated May 7, 1998, on behalf of the United States
Association of Importers of Textiles and Apparel (USA-ITA), wherein you request a clarification
of the term “knit to shape” as it is used in 19 C.F.R §102.21(b)(3). More specifically, you seek
answers to the following questions: 1) whether knit panels in which the final shape is indicated by a line of demarcation continue to be within the term “knit to shape”, and 2) what constitutes a
“line of demarcation”.
In Headquarters Ruling Letter (HQ) 960516, dated July 14, 1998, this office determined
the country of origin for a woman’s knit cardigan with a self start bottom. In the analysis of that
ruling letter (copy attached for your reference) lines of demarcation, as they existed on that
particular garment, were discussed. In addressing the front panel Customs stated in that ruling:
It is our view that the change in pattern which is knit directly into the fabric, is continuous, has clear starting and ending points, ans serves as a clear and unambiguous line of demarcation...Where, as in the panel we are examining, either the neckline and the
armholes are shaped directly during the knitting process or by clear lines of demarcation,
the panel is, in our view, knit to shape.
Additionally, in discussing the back panel Customs stated:
However, inasmuch as the armholes are shaped, the fact that the neckline is not (and
requires some cutting which we believe to be minor when considering the panel as a
whole), will not prevent the panel itself from being considered to be knit to shape.
In essence, in viewing a knit garment panel with a self start bottom, Customs is stating
that provided that either the neckline or the armholes are shaped directly during the knitting
process or by way of clear, continuous, lines of demarcation, Customs will view that panel as knit to shape.
2
Although HQ 960516 does not represent an exhaustive explanation of Customs position
on the term “knit to shape”, it should be viewed as a general guideline with respect to that issue.
We are aware that the position expressed in HQ 960516 on lines of demarcation results in a
limited number of inconsistent rulings. This office is in the process of reviewing those affected
rulings and will modify or revoke those rulings as necessary pursuant to 19 U.S.C. 1625(c).
Furthermore, Customs will publish an informed compliance document which will explain in a
more substantive manner many of the specific questions which have been raised as a result of the
determination in HQ 960516.
In the interim we would like to thank you for your views and the cooperation you have
provided with respect to this matter.
Sincerely,
John Durant, Director
Commercial Rulings Division