Ms. Sandra Tovar
CST, Inc.
500 Lanier Avenue
West Suite 901
Fayetteville, GA 30214

RE: Modification of New York Ruling Letter (NY) N024465, dated April 9, 2008; Country of origin; 19 U.S.C. § 3592

Dear Ms. Tovar:

It has come to our attention that an error was made in the analysis of the country of origin determination for style #6010, which was the subject of New York Ruling Letter (NY) N024465, dated April 9, 2008, issued to you on behalf of your client, Holt Hosiery. The ruling was correct with regard to the classification and eligibility of the garment under the Andean Trade Promotion and Drug Eradication Act (ATPDEA), but was incorrect as to the origin of the garment. Therefore, we are modifying NY N024465 only with regard to the country of origin determination set forth therein.

Pursuant to section 625(c)(1), Tariff Act of 1930 (19 U.S.C. §1625(c)(1)), as amended by section 623 of Title VI, notice of the proposed modification was published on December 24, 2014, in the Customs Bulletin, Volume 48, No. 51. CBP received no comments in response to this notice.


Style #6010 was described in NY N024465 as follows:

You have submitted a sample of a “Panty Smoother,” style #6010, which is a woman’s girdle constructed of 86% nylon and 14% spandex knit fabric. The garment reaches down to the mid thigh and features a self-fabric hemmed waistband, a separately sewn-in gusset crotch, and two-ply fabric making up each leg extension. The panty girdle portion features a front and back center seam. The undergarment provides body support throughout, from the waist to the mid thighs.


What is the country of origin of style #6010?


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 Section 334 of that Act, codified at 19 U.S.C. § 3592, provides rules of origin for textiles and apparel entered, or withdrawn from warehouse, for consumption, on and after July 1, 1996. Specifically, 19 U.S.C. § 3592(b)(2)(A)(ii) provides:

Notwithstanding paragraph (1)(D) and except as provided in subparagraphs (B) and (C) –

* * *

(ii) a textile or apparel product which is knit to shape shall be considered to originate in, and be the growth, product, or manufacture of, the country, territory, or possession in which it is knit.

Paragraph (1)(D) of 19 U.S.C. § 3592 provides that the origin of a textile product, (other than products wholly obtained or produced, or yarn, thread, twine, cordage, rope, cable, braiding, or fabric, provided for in 19 U.S.C. § 3592(b)(1)(A), (B) or (C)) is where the product is wholly assembled from its component pieces. In NY N024465, Customs and Border Protection (CBP) determined that style #6010 consisted of two or more component parts that were wholly assembled in a single country, Colombia, and that therefore, pursuant to the rules set forth in 19 CFR § 102.21, the country of origin of style #6010 was Colombia. This was incorrect. Assembly of the garment should not have been considered as style #6010 is a knit to shape garment. Under the statute a knit-to-shape textile or apparel product is not subject to the “wholly assembled” rule set forth in 19 U.S.C. § 3592(b)(1)(D). Based upon the statutory language, knit-to-shape textile and apparel products derive their origin from the country, territory or possession in which they are knit-to-shape. A regulatory provision does not override statutory language. See Headquarters Ruling Letter (HQ) 227844, dated March 5, 1998. CBP is in the process of modifying 19 CFR § 102.21. Therefore, the country of origin of style #6010 is where the garment components were knit-to-shape, that is, the United States.


The country of origin of style #6010 is the United States. NY N024465 is hereby modified as set forth in this decision. In accordance with 19 U.S.C. § 1625(c), this ruling will become effective 60 days after its publication in the Customs Bulletin. A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is entered. If the documents have been filed without a copy, this ruling should be brought to the attention of the CBP officer handling the transaction.


Myles B. Harmon, Director
Commercial and Trade Facilitation Division