CLA 2-OT:RR:NC:N3:354
Ms. Merle Haarbauer
Jockey International, Inc.
2300 – 60th Street
Kenosha, WI 53140
RE: Country of origin determination for women’s knit undergarments; 19 CFR 102.21(c)(4)
Dear Ms. Haarbauer:
This is in reply to your letter, requesting a country of origin determination for women’s knit undergarments, which will be imported into the United States. You have provided samples of the garment parts and the finished garments as they will be imported into the United States. As requested, your samples will be returned.
FACTS:
The subject merchandise consists of four samples of women’s knit undergarments. You state that all styles will have tubular fabric knit and dyed in Country A.
Style 2027 is a woman’s underwear brief with the main body constructed from 95% nylon, 5% spandex knit fabric. The brief features a self-start waistband, a back gusset seam, a change in knit pattern for the crotch portion and elasticized leg openings. In Country A, the tubular knit panel was knit and dyed. Although there is a change in knit pattern suggestive of the outline of the body of the brief, there are no clear and continuous lines of demarcation on the panel. In Country B, the leg openings and gusset are cut using a paper pattern, rubber elastic is sewn around the leg openings, and the back gusset seam is sewn.
Style 2188 is a woman’s hi-cut underwear brief with the main body constructed from 64% nylon, 30% polyester, 6% spandex knit fabric. The brief features a self-start waistband, a back gusset seam, a change in knit pattern for the crotch portion and elasticized leg openings. In Country A, the tubular knit panel was knit and dyed. Although there is a change in knit pattern suggestive of the outline of the body of the brief, there are no clear and continuous lines of demarcation on the panel. In Country B, the leg openings and gusset are cut using a paper pattern, rubber elastic is sewn around the leg openings, and the back gusset seam is sewn.
Style 2139 is a woman’s bralette with the main body constructed from 63% nylon, 30% polyester, 7% spandex knit fabric. The bralette features a straight front neckline, elasticized armholes, thin elasticized adjustable shoulder straps, an inner lining, removable cups, a scooped back, a three-hook and eye closure in the back and an approximately 1 inch self-start bottom band. In Country A, tubular fabric is knit and dyed. Although there is a change in knit pattern suggestive of the outline of the body of the bra, there are no clear and continuous lines of demarcation on the panel. In Country B, a paper pattern is used to cut the body and also the lining, elastic is sewn onto the armholes top of the back, sliders and hook and eye are attached, and removable cup padding is inserted.
Style 2405 is a woman’s bra constructed from 92% nylon, 8% spandex knit fabric. The bra features a scooped front and back neckline, elasticized arm and neck openings, approximately 1 ¼ inch shoulder straps, a lining, removable cups, and a self-start bottom band. In Country A, tubular fabric is knit and dyed. Although there is a change in knit pattern suggestive of the outline of the body of the bra, there are no clear and continuous lines of demarcation on the panel. In Country B, a paper pattern is used to cut the body and also the lining, the lining is attached, elastic is sewn onto the neck and shoulders, and removable cup padding is inserted.
ISSUE:
What is the country of origin of the subject merchandise?
CLASSIFICATION:
The applicable subheading for Styles 2027 and 2188 will be 6108.22.9020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Women’s or girls’ slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, knitted or crocheted: Briefs and panties: Of man-made fibers: Other: Women’s. The general rate of duty will be 15.6 percent ad valorem.
The applicable subheading for Styles 2139 and 2405 will be 6212.10.9020, 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 percent ad valorem.
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.”
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 foreign material 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) states that “The following rules will 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 (1) If the good is not knit to shape and consists of two or more component parts, except for goods of subheading 6117.10 provided for in paragraph (e)(2) of this section, 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.
(2) If the good is not knit to shape and does not consist of two or more component parts, except for goods of subheading 6117.10 provided for in paragraph (e)(2) of this section, 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, 6001 through 6006, knitted or crocheted articles of heading 9619, and subheading 6307.90, and provided that the change is the result of a fabric-making process.
3) If the good is knit to shape, except for goods of subheading 6117.10 provided for in paragraph (e)(2) of this section, a change to 6101 through 6117 from any heading outside that group, except from knitted or crocheted articles of heading 9619, provided that the knit to shape components are knit in a single country territory or insular possession.
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, subheading 6307.90, and from an assembled women's or girls' garment, made up of fabrics of heading 5602, 5603, 5903, 5906, or 5907, of heading 9619 or a girls', boys', men's, or women's garment, other than knitted or crocheted garments and other than a women's or girls' singlet or other undershirt, brief, panty, negligee, bathrobe, dressing gown, or a similar article from any other heading, provided that the change is the change is the result of a fabric-making process.
Paragraph (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:
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
Except for fabrics of chapter 59 and 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.”
Paragraph (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.”
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, appliques, 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.”
Section 102.21 (b)(4) defines “major parts” as:
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.
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, appliques, 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.
As none of the subject merchandise is wholly obtained or produced in a single country, territory or insular possession, paragraph (c)(1) of Section 102.21 cannot be applied.
Styles 2027 and 2188, which are briefs, are not knit to shape because the tubular knit panels produced in Country A do not have any lines of demarcation. Neither are Styles 2027 and 2188 wholly assembled in a single country because there are not at least two components. Each brief has only one component or major part, the brief body cut component, and one minor attachment, the elastic strip. Section 102.21(c)(2) and (c)(3) are not applicable because the briefs are neither “knit to shape” nor “wholly assembled”, nor does their production involve a “fabric making process”. Where the country of origin of a textile or apparel product cannot be determined under Section 102.21 (c)(1), (2) or (3), the country of origin of the good is the single country in which the most important assembly or manufacturing process occurred as per (c)(4). The most important assembly operation occurs at the time that the back gusset seam is sewn closed. Accordingly, the country of origin for Styles 2027 and 2188 is Country B, the country in which this operation occurs.
Styles 2139, which is a knit bralette, is not knit to shape because the tubular knit panel produced in Country A does not have any lines of demarcation. Neither is Style 2139 wholly assembled in a single country because there are not at least two components. The bralette has only one component or major part, the bra body cut component, and several minor attachments, such as the lining, elastic strip, sliders, hook and eye back closure, and cup padding. Section 102.21(c)(2) and (c)(3) are not applicable because the bralette is neither “knit to shape” nor “wholly assembled”, nor does its production involve a “fabric making process”. Where the country of origin of a textile or apparel product cannot be determined under Section 102.21 (c)(1), (2) or (3), the country of origin of the good is the single country in which the most important assembly or manufacturing process occurred as per (c)(4). All of the assembly operations occur in Country B, where the inner lining is attached, elastic is sewn around the underarm and top-back creating the shoulder straps and the hook and eye back closure is attached. Accordingly, the country of origin for Style 2139 is Country B, the country in which this assembly process occurs.
Style 2405, which is a knit bra, is not knit to shape because the tubular knit panel produced in Country A does not have any lines of demarcation. Neither is Style 2405 wholly assembled in a single country because there are not at least two components. The bra has only one component or major part, the bra body cut component, and several minor attachments, such as the lining, elastic strip, and cup padding. Section 102.21(c)(2) and (c)(3) are not applicable because the bra is neither “knit to shape” nor “wholly assembled”, nor does its production involve a “fabric making process”. Where the country of origin of a textile or apparel product cannot be determined under Section 102.21 (c)(1), (2) or (3), the country of origin of the good is the single country in which the most important assembly or manufacturing process occurred as per (c)(4). All of the assembly operations occur in Country B, where the inner lining is attached, elastic is sewn around the neckline and top back, and the shoulder straps are sewn closed. Accordingly, the country of origin for Style 2405 is Country B, the country in which this assembly process occurs.
HOLDING:
The country of origin for Styles 2027, 2188, 2139 and 2405 is Country B.
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 Karen Sikorski at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division