CLA-2-RR:NC:TA:N3:356 C87250
Mr. David Chan
Star Blue Corp.
30 Camptown Road
Maplewood, NJ 07040
RE: Classification and country of origin determination for a
man's knit garment; 19 CFR 102.21(c)(3)
Dear Mr. Chan:
This is in reply to your letter dated April 23, 1998,
requesting a classification and country of origin determination
for a man's knit garment which will be imported into the United
States. As requested, your samples will be returned.
FACTS:
The submitted sample, Style CM-0001, is a man's pullover
garment constructed from 100 percent cashmere, jersey knit fabric
which measures 10 stitches per two centimeters counted in the
horizontal direction. Style CM-0001 has a rib knit crew
neckline; long sleeves with rib knit cuffs; and a rib knit
bottom.
You have provided samples of the garment parts as they are
knit and a sample of the finished garment as it will be imported
into the United States. The garment parts include the front and
back panels, the left and right sleeves, and the collar band.
The front panel has a single, vertical line of dropped
stitches at the center of the upper panel which serves as a line
of demarcation for shaping the neckline. There are no lines of
demarcation on the back panel. Full fashion marks, which shape
the armhole, appear on the front and back panels. The sleeves
are knit to shape with visible full fashion marks. The front and
the back panels are knit with integral rib knit waistbands and
the sleeve panels are knit with integral rib knit cuffs.
The manufacturing operations are as follows:
MONGOLIA:
- the front panel, the back panel, the right and left sleeve
panels, and the neckband are knit
CHINA:
- the front and back panels are linked together at the shoulders
- the sleeves are linked to the body of the garment at the armholes
- the underarm seams are closed
- the front and back panels are linked together at the side seams
- the neck of the front panel is shaped by cutting at the line of demarcation
- the collar band is attached
- the garment is washed, pressed, and packed for exportation
ISSUE:
What are the classification and country of origin of the
subject merchandise?
CLASSIFICATION:
The applicable subheading for Style CM-0001 will be
6110.10.1050, Harmonized Tariff Schedule of the United States
Annotated (HTSUSA), which provides for sweaters, pullovers,
sweatshirts, waistcoats (vests) and similar articles, knitted or
crocheted: of wool or fine animal hair: wholly of cashmere:
other: men's or boys'. The rate of duty will be 6.1 percent ad
valorem.
The garment falls within textile category designation 445.
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: "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 ap-
plicable change in tariff classification, and/or met any other
requirement, specified for the good in paragraph (e) of this sec-tion:"
Paragraph (e) 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 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 subject merchandise is classifiable as a men's knit
pullover in heading 6110, HTSUSA. Section 102.21 (e) requires a
tariff shift to headings 6101 through 6117 from any heading
outside that group. In this case, a tariff shift to heading
6110, HTSUSA, occurs in China, but from components that are
classifiable in heading 6117, HTSUSA. As heading 6117, HTSUSA,
is excepted by Section 102.21 (c)(2), the tariff shift is not
applicable.
Section 102.21(c)(3) applies where the country of origin of
a textile or apparel product cannot be determined under paragraph
(c)(1) or (2) and where the merchandise consists of either a good
that was knit to shape or (with the exception for goods of
certain specifically enumerated headings), was wholly assembled
in a single country, territory, or insular possession.
Section 102.21 (c)(3)(i) provides the following:
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; ...
Section 102.21 (b) states that:
(3) KNIT TO SHAPE: 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".
(4) MAJOR PARTS: 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.
In the case of the subject garment, the back panel and the
sleeves are major parts which have been knit directly to the
shape used in the good and they comprise over 50 percent of the
exterior surface of the garment. The front panel is the only
panel which is cut to shape (at the neckline). Therefore, the
subject garment is still considered to be "knit to shape" as the
term is defined above.
Accordingly, Section 102.21 (c)(3)(i) is applicable to the
subject merchandise. The back panel and the two sleeve panels,
which comprise over 50 percent of the exterior surface of the
garment, are all knit to shape in Mongolia. Thus, the country of
origin for Style CM-0001 is Mongolia, the single country where
the panels are knit to shape.
HOLDING:
The country of origin of Style CM-0001 is Mongolia. Based
upon international textile trade agreements, products of Mongolia
are not presently subject to quota or visa requirements.
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 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 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 Mary Ryan at 212-466-5877.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division