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 underwear and bras; 19 CFR 102.21(c)(2); 19 CFR 102.21(c)(3); 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 underwear and bras, which will be imported into the United States. You have provided samples of the garment parts and 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 underwear bottoms and bras. You state that all styles will have tubular fabric knit in Country A.
Style 1306 “Matte & Shine Bottom – Hi Cut” is a woman’s underwear brief with the main body constructed from 94% nylon, 6% spandex knit fabric. The waist portion is made up of 88% nylon, 12% spandex knit fabric and the gusset is 69% nylon, 26% cotton, 5% spandex knit fabric. The brief features a self-start waistband, a change in knit pattern that creates a striped effect and elasticized leg openings. In Country A, tubular fabric is knit. In Country B, fabric is dyed, then cutting along the lines of demarcation, sewing rubber elastic around the leg openings, sewing the back gusset seam, applying the garment label, and packaging for shipping are done.
Style 2141 “Seamfree Air Bikini” is a woman’s underwear bikini constructed from 75% nylon, 22% spandex, 3% cotton knit fabric. The bikini features a self-start waistband and leg openings closed with hidden bonding tape. In Country A, tubular fabric is knit and dyed. In Country B, cutting along the lines of demarcation, applying bonding tape around the leg openings, sewing the back gusset seam, applying the garment label, and packaging for shipping are done.
Style 2186 “Smooth and Shine Bottom – Bikini” is a woman’s underwear bikini with the main body constructed from 94% nylon, 6% spandex knit fabric. The waist portion is made up of 88% nylon, 12% spandex knit fabric and the gusset is 69% nylon, 26% cotton, 5% spandex knit fabric. The bikini 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 that is produced, which is for the crotch portion but this is not a line of demarcation for cutting. In Country B, a paper pattern is used to cut out the leg openings and gusset since there are “no lines of demarcation”, 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 2404 “Modern micro Crop Top” is a woman’s seamless bralette constructed from 90% nylon, 10% spandex knit fabric. The bralette features an elasticized neckline that is v-shaped in the front and scooped in the back, elasticized arm openings, narrow elasticized adjustable shoulder straps, pockets for removable foam cups, and a bottom band measuring approximately 1 ½ inches. In Country A, tubular fabric is knit and dyed. In Country B, the body of the bra is cut along the lines of demarcation, the lining is cut using a paper pattern, the lining is attached, elastic is attached along the neck and shoulders, sliders are added to the shoulder straps, removable pads are inserted, the garment label is applied, and packaging for shipping are done.
Style 2455 “Natural Beauty Bralette” is a woman’s bralette with the main body constructed from 93% nylon, 7% spandex knit fabric. The bottom band is made up of 85% nylon, 15% spandex knit fabric and the cup lining is 100% polyester knit fabric. The bralette features an inner lining on the front, sewn in foam cups, an elasticized neckline that is v-shaped in the front and scooped in the back, elasticized arm openings, narrow elasticized adjustable shoulder straps, an adjustable three-hook and eye back closure and a bottom band measuring approximately 2 ½ inches. In Country A, tubular fabric is knit and dyed. In Country B, the body of the bra is cut along the lines of demarcation, the lining is cut with a paper pattern, the lining and foam cups are attached to the body, elastic is attached along the neck and shoulders, sliders are attached to the shoulder straps, hook and eyes are sewn on to the center back, 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 Styles 1306, 2141 and 2186 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 2404 and 2455 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 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.
As Styles 1306 and 2141 are knit to shape in a single country, that is Country A, and meet the terms of the tariff shift requirement for headings 6101 – 6117 in Section 102.21(c)(2), country of origin is conferred in Country A.
Style 2186 is not knit to shape because the tubular knit panel produced in Country A does not have any lines of demarcation. Neither is Style 2186 wholly assembled in a single country because there are not at least two components. The bikini has only one component or major part, the bikini body cut component, and one minor attachment, the elastic strip. Section 102.21(c)(2) and (c)(3) are not applicable because the bikini 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. The most important assembly operation occurs at the time that the back gusset seam is sewn closed. Accordingly, the country of origin for Style 2186 is Country B, the country in which this operation occurs.
As Styles 2404 and 2455 are knit to shape in a single country, that is Country A, country of origin is conferred in Country A as per Section 102.21(c)(3). These bras qualify as “knit to shape” apparel since the tubular knit panels have self-start bottom edges and clear and continuous lines of demarcation that outline the body of the bra. The assembly of the shoulder straps, lining, foam cups, sliders, and elastic strip will not affect the determination of whether the bras are knit to shape as each bra has only one integral component, and that is the knit to shape tubular knit portion. Section 102.21(c)(2) is not applicable since these bras, each having only one component or major part and several minor attachments are not “wholly assembled”, nor does their production involve a “fabric making process”.
HOLDING:
The country of origin for Styles: 1306, 2141, 2404 and 2455 is Country A. The country of origin for Style 2186 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