CLA-2-61:OT:RR:NC:N3:359
Ms. Elizabeth Hodur
Ascena
7 Times Square Towers
13th Floor
New York, NY 10036
RE: The country of origin determination of a women’s knit to shape sweater; Section 102.21(c)(3) Customs Regulations
Dear: Ms. Hodur:
In your letter dated August 7, 2019, you requested a country of origin determination. As requested, your sample will be returned.
You submitted a sample of style 999421, a women’s sweater. In addition, samples of the component panels of the sweaters were included in the submission, which include front and back panels, sleeves and the collar from which the sweaters are to be assembled.
Style 999421 is a women’s sweater constructed from 70 percent acrylic, 28 percent nylon and 2 percent spandex knit fabric. The outer surface of the garment’s fabric measures six stitches per two centimeters in the direction the stitches were formed. The sweater features a rib knit turtleneck collar, long sleeves with rib knit cuffs, and a rib knit bottom.
All component pieces of style 999421 are knit to shape during the knitting process with self-start bottoms and self-finished sides; the sleeves are contoured to shape, the armhole openings are contoured to shape; and the necklines are partially contoured to shape.
All of the principal component panels of the sweater (the “major parts”), i.e. the front and back panels, and the sleeve panels, are considered to be knit to shape for the purpose of determining the country of origin. The manufacturing operations for the women’s knit to shape sweater are as follows: Hong Kong all components are knit to shape China all panels are assembled by looping of the sweater
The country of exportation will be China.
The applicable subheading for style 999421 is 6110.30.3020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: Of man-made fibers: Other: Other: Other: Sweaters: Women’s. The rate of duty is 32 percent ad valorem.
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Section 334 of that Act (codified at 19 U.S.C. 3592) provides new rules of origin for textiles and apparel entered, or withdrawn from warehouse, for consumption, on and after July 1, 1996.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 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:" Paragraph (e) in pertinent part 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 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 Section 102.21(e) states that the good must undergo a tariff shift from a heading outside of the designated grouping (i.e. headings 6101-6117). As the sweater and the component panels are all classified inside of the designated grouping, they fail to meet the tariff shift requirement and therefore, Section 102.21(c)(2) is inapplicable. Section 102.21(c)(3) states that, "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.
As the subject merchandise is knit to shape in a single country, viz. Hong Kong, Section 102.21(c)(3) applies.
The country of origin of the women’s knit to shape sweater, style 999421 is Hong Kong and therefore should be properly marked “Made in Hong Kong”.
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 the World Wide Web at https://hts.usitc.gov/current.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
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 Renée Orsat at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division