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 five samples of women’s knit undergarments. You state that all styles will have tubular fabric knit in Country A.
Style 2045 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 that has a change in knit pattern in a contrasting color, a change in knit pattern for the crotch gusset, a back gusset seam, and elasticized leg openings. In Country A, the tubular knit panel was knit and dyed. There are no lines of demarcation on the tubular knit panel. In Country B, the leg openings and gusset are cut using a paper pattern, rubber elastic is sewn around the leg openings, the back gusset seam is sewn, the garment label is applied, and packaging for shipping are done.
Style 5606 is a woman’s short style underpant constructed from 45% polyester, 40% nylon, 14% spandex, 1% cotton knit fabric. The garment measures approximately 15 ¼” in length from the top of the 3” wide self-start waistband to the bottom of the hemmed leg openings and features a gusset panel in the crotch and inner thigh area. In Country A, tubular fabric is knit and dyed. There is one panel for the body fabric and a second panel for the gusset fabric. There are no lines of demarcation on either tubular knit panel. In Country B, the gusset opening is cut out of the main body fabric panel using a paper pattern, the gusset panel is cut out of the gusset fabric panel using a paper pattern, the gusset panel is sewn onto the main body of the underpant, the garment label is applied, and packaging for shipping are done.
Style 1681 is a woman’s underwear brief with the main body constructed from 68% cotton, 25 nylon, 7% spandex knit fabric. The brief features a self-start waistband and elasticized leg openings. In Country A, tubular fabric is knit and dyed. There is a change in knit pattern on the tubular panel for the crotch portion. There are no lines of demarcation on the tubular knit panel. In Country B, a paper pattern is used to cut out the leg openings and crotch gusset, rubber elastic is sewn around the leg openings, the back gusset seam is sewn, the garment label is applied, and packaging for shipping are done.
Style 4132 is best described as a woman’s short style underpant constructed from 90% nylon, 9% spandex, 1% cotton spandex knit fabric, which measures approximately 17 1/4” from the top of the garment to the leg openings. The underpant features an approximately 3 1/4” wide self–start waistband, a change in knit pattern that extends from the bottom of the waistband down to the abdomen and lower back, a gusset panel in the crotch and inner thigh area, and hemmed leg openings. In Country A, tubular fabric is knit and dyed. There are no lines of demarcation on the tubular knit panel. In Country B, the gusset opening is cut out of the tubular panel using a paper pattern, the gusset panel is sewn onto the main body of the garment, the garment label is applied, and packaging for shipping are done.
Style 4137 is best described as a woman’s underwear singlet. The close-fitting garment is constructed from 96% nylon, 4% spandex knit fabric for the top and bottom section and 89% nylon, 11% spandex knit fabric for the middle section of the garment. The middle section has a change in knit pattern that begins just below the bust line and ends approximately 3 ½” above the bottom hem. The garment features an elasticized neckline that is u-shaped in the front and scooped in the back, elasticized arm openings, approximately 1 3/4” wide shoulder straps, and a hemmed bottom. In Country A, tubular fabric is knit and dyed. There are no lines of demarcation on the tubular knit panel. In Country B, a paper pattern is used to cut the armholes and neckline, elastic is sewn onto the armholes and neckline, the garment label is applied, and packaging for shipping are done.
ISSUE:
What is the country of origin of the subject merchandise?
CLASSIFICATION:
The applicable subheading for Style 2045 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 5606 and 4132 will be 6108.92.0005, HTSUS, which provides for Women’s or girls’ slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, knitted or crocheted: Other: Of man-made fibers: Underwear: Underpants. The general rate of duty will be 16 percent ad valorem. In your letter you refer to Style 4132 as a “panty girdle” and assert classification at 6212.20.0020, HTSUS, which provides for girdles and panty-girdles. We disagree. This garment does not offer sufficient enough body support throughout the garment to be classified there.
The applicable subheading for Style 1681 will be 6108.21.0010, 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 cotton: Women’s. The rate of duty will be 7.6 percent ad valorem.
The applicable subheading for Style 4137 will be 6109.90.1065, HTSUS, which provides for T-shirts, singlets, tank tops and similar garments, knitted or crocheted: Of other textile materials: Of man-made fibers: Women’s or girls’: Tank tops and singlets: Women’s. The general rate of duty will be 32 percent ad valorem. You have referred to this garment as “shapewear” and assert that the proper classification is 6212.90.0030, HTSUS, which provides for other body supporting garments. We disagree. This garment does not offer sufficient enough body support throughout the garment to be classified there.
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.
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 2045 and 1681, 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 2045 and 1681 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 2045 and 1681 is Country B, the country in which this operation occurs.
Styles 5606 and 4132, which are underpants, and Style 4137, which is an underwear singlet, are not knit to shape because the tubular knit panels produced in Country A do not have any lines of demarcation. Neither are Styles 5606, 4132 and 4137 wholly assembled in a single country because there are not at least two components. The underpants and the underwear singlet each have only one component or major part, the main body cut component, and one minor attachment, which is the gusset panel for the underpants and the elastic strip for the singlet. Section 102.21(c)(2) and (c)(3) are not applicable because the underpants and the singlet 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 gusset panel is sewn onto the main body of the underpants and when the elastic strip is sewn onto the neckline and armholes for the singlet. Accordingly, the country of origin for Styles 5606, 4132 and 4137 is Country B, the country in which these operations occur.
HOLDING:
The country of origin for Styles 2045, 5606, 1681, 4132, and 4137 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