CLA-2-62:OT:RR:NC:N3:354
Ms. Laura S. Rabinowitz
Kelley Drye & Warren LLP
101 Park Ave
New York, NY 10178
RE: Classification and country of origin determination for a woman’s brassiere; 19CFR 102.21(c)3; Status under the United States-Jordan Free Trade Area Agreement (JFTA)
Dear Ms. Rabinowitz:
In your letter dated October 8, 2014 you requested a ruling on the status of a seamless brassiere from Jordan under the JFTA, on behalf of your client, Eurotex.
Style 1451 is a seamless brassiere constructed from what the label states is 75% cotton, 14% nylon, and 8% spandex. The brassiere features a change in knit pattern in the bust and elastic edging in the neck and arm holes.
The manufacturing operations for the brassiere are as follows:
Israeli/USA yarn will be imported into Turkey.
Knit tubular seamless panels with lines of demarcation and a self-start bottom are produced in Turkey and then dyed in Turkey.
The knit tubular seamless panels will be sent to Jordan where they will be cut along lines of demarcation, elastic attached, sewn, printed and packed.
The finished garment will be shipped directly to the United States.
The applicable subheading for the style 1451 will be 6212.10.9010, Harmonized Tariff Schedule of the United States (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 cotton. The general rate of duty will be 16.9% ad valorem.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
COUNTRY OF ORIGIN - LAW AND ANALYSIS: Section 334 of the Uruguay Round Agreements Act (URAA) (codified at 19 U.S.C. 3592), enacted on December 8, 1994, provides rules of origin for textiles and apparel entered, or withdrawn from warehouse for consumption, on and after July 1, 1996. Section 102.21, CBP 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. Accordingly, section 102.21, CBP Regulations 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." 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 that "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 applicable change in tariff classification, and/or met any other requirement, specified for the good in paragraph (e) of this section:"
The knit-to-shape brassieres are classified in subheading 6212.10.9020, Harmonized Tariff Schedule of the United States (HTSUS), Harmonized Tariff Schedule of the United States (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 cotton.
The relevant tariff change rules set forth in 19 C.F.R. §102.21(e) are as follows: HTSUS Tariff shift and/or other requirements 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, and 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 (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, appliqués, 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. The brassieres, having only one component and a minor attachment are not “wholly assembled,” nor does their production involve a “fabric-making process.” Therefore, we are unable to invoke a country of origin determination under 102.21(c)(2). Section 102.21(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: (i) 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 (ii) Except for 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. 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, appliqués, 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.” 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.” See Section 102.21(b)(4), CBP Regulations. In this case, the subject knit tubular panel has a self-start bottom edge and clear and continuous lines of demarcation that outlines the brassieres. Thus the subject knit to shape panel is considered “knit to shape.” In this regard, the brassieres are considered to be “knit to shape” under 19 C.F.R. 102.21(c)(3).
In this case, the brassieres were knit-to-shape in Turkey. By application of section 102.21(c)(3)(i), the country of origin is Turkey.
STATUS UNDER THE UNITED STATES-JORDAN FREE TRADE AGREEMENT. General Note 18(b), HTSUS, sets forth the criteria for determining whether goods (other than a textile or apparel article) are eligible for treatment as “products of Jordan” under the JFTA. General Note 18(b), HTSUS, (19 U.S.C. § 1202) states, in pertinent part, that For purposes of this note, subject to the provisions of subdivisions (d) and (e), goods imported into the customs territory of the United States are eligible for treatment as “products of Jordan” only if– (i) such goods are imported directly from Jordan into the customs territory of the United States, and (ii) they are– (A) wholly the growth, product or manufacture of Jordan, or (B) new or different articles of commerce that have been grown, produced or manufactured in Jordan and meet the requirements of subdivision (c) of this note.
Paragraph (d) of GN 18 provides in relevant part:
(d) Textile and apparel articles.
(i) For purposes of this note, a textile or apparel article imported directly from Jordan into the customs territory of the United States shall be eligible for the tariff treatment provided in subdivision (a) of this note only if–
(A) the article is wholly obtained or produced in Jordan;
(B) the article is a yarn, thread, twine, cordage, rope, cable or braiding, and–
(1) the constituent staple fibers are spun in Jordan,
(2) the continuous filament is extruded in Jordan;
(C) the article is a fabric, including a fabric classified in chapter 59 of the tariff schedule, and the constituent fibers, filaments or yarns are woven, knitted, needled, tufted, felted, entangled or transformed by any other fabric-making process in Jordan; or
(D) the article is any other textile or apparel article that is wholly assembled in Jordan from its component pieces.
Based on the facts provided, style 1451 does not qualify for preferential treatment under the JFTA because none of the above requirements are met. We are unable to rule on style 1460. Submit samples of the manufacturing operations stages that are done in Turkey. If you decide to resubmit your request for this style, please include all of the material that we have returned to you and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section
The samples submitted will be returned under separate cover.
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 K. Lenore Ort at [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division