HQ 959234: Country of origin of a beret; Section 102.21(c)(3); knit toshape article

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            HQ 959234
                           June 7, 1996

CLA-2 RR:TC:TE 959234 CAB

CATEGORY: Classification

Siegel, Mandell & Davidson, P.C.
One Astor Plaza
1515 Broadway
43rd Floor
New York, New York 10036-8901

RE: Country of origin of a beret; Section 102.21(c)(3); knit to
shape article

Dear Sirs:

     This is in response to your inquiry of May 10, 1996,
requesting a country of origin ruling pursuant to Section 102.21,
Customs Regulations, on behalf of Liz Claiborne Accessories, Inc. 
The merchandise at issue is a beret and a sample was submitted
for examination.  The sample will be returned under separate
cover.  

FACTS:

     The merchandise at issue consists of a beret comprised of a
wool knit-to-shape body and a reversible lining constructed of
knit polyester polar-fleece fabric.  The production of the
finished beret involves processing in two countries. 

     In Country A, the body of the beret is knit-to-shape from
wool yarns.  The beret body has the shape and form of a completed
wool beret, including a headband at the bottom and a beret fob at
the top.  The knit-to-shape beret body is then shipped to Country
B.

     In Country B, the fabric used to make the reversible
polyester polar-fleece lining is knitted.  It is then cut into
two pieces, a circle and a "donut"-shaped piece, which are sewn
together into the approximate shape of a head covering.  The
result is a reversible lining, which is then attached to the
underside of the wool beret body which is produced in Country A. 
In Country B, the lower portion of the wool beret body is doubled
over to form a hem which meets the unfinished edge of the polar-fleece lining.  Resulting from the manufacturing operations is a
reversible beret.  




ISSUE:

     What is the country of origin of the subject merchandise in
accordance with Section 102.21, Customs Regulations?

LAW AND ANALYSIS:

     Pursuant to the Uruguay Round Agreements Act, new rules of
origin will be effective on textile products entered, or
withdrawn from warehouse, for consumption on or after July 1,
1996.  These rules were published in the Federal Register, 60
Fed. Reg. 46188 (September 5, 1995).  Section 102.21, Customs
Regulations (19 CFR Section 102.21), sets forth the general rules
to determine country of origin.  Thus, the country of origin of a
textile product will be determined by a hierarchy of rules set
forth in paragraphs (c)(1) through (c)(5) of Section 102.21. 
Section 102.21(c)(1) sets forth the general rule for determining
the country of origin of a textile or apparel product in which
the good was wholly obtained or produced.  Section 102.21(c)(2)
provides for instances where the country of origin of a textile
or apparel product cannot be determined under Section
102.21(c)(1).

     Section 102.21(c)(2) provides, in pertinent part:

          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.

     Section 102.21(e) provides, in pertinent part:

          6505.90   (1) If the good consist of two or more
                    components, a change to  
                    subheading 6505.90 from any other heading,
                    provided that the change is the result of the
                    good being wholly assembled in a single
                    country, territory, or insular possession.

     The subject article is classified in subheading 6505.90 of
the Harmonized Tariff Schedule of the United States Annotated
(HTSUSA).  Section 102.21(b)(6), which provides the definition
for wholly assembled states:

     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.  

The beret body which is knit-to-shape in Country A is already
classifiable in subheading 6505.90 prior to the assembly with the
lining in Country B.  Thus, the assembly in Country B does not
result in the wool beret body, undergoing a change to subheading
6509.90 from any other heading as it was already classifiable in
this subheading.  Therefore, the tariff shift rule is not met and
Section 102.21(c)(2) is inapplicable.   

     Section 102.21(c)(3) applies where the country of origin of
a textile or apparel product cannot be determined pursuant to
paragraph (c)(1) or (c)(2) and where the merchandise consists of
either a good that was knit to shape in a single country, or
(with an exception for goods of certain specifically enumerated
headings), was wholly assembled in a single country. 

     Section 102.21(c)(3)(i) provides the following:

          If the good was knit to shape, the country or origin of
          the good is the single country, territory, or insular
          possession in which the good was knit;....

     Section 102.21(c)(b) states the following:

          (3) Knit to shape.  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."
  
          (4) Major parts.  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.  

     In this case, the subject beret is comprised of two
components, the reversible lining 
(i.e., an alternate exterior body ) and the wool knit to shape
exterior body.  The knit to shape beret body makes up more than
50 percent of the exterior surface and is a major part of the
finished beret.  The beret body is knit to shape in Country A and
therefore, in accordance with Section 102.21(c)(3)(i), the
country of origin of the subject beret is Country A.





HOLDING:

     The country of origin of the beret is Country A.

     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.

     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.

                              Sincerely,



                              John Durant, Director
                              Tariff Classification Appeals
Division