HQ 959518: Country of origin of a knit to shape sweater; Section102.21(c)(3), Customs Regulations

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 959518

                          August 5, 1996

CLA-2 RR:TC:TE 959518 CAB

CATEGORY: Classification

Mrs. Gayle E. Williams
Sears Roebuck and Company
3333 Beverly Road
Hoffman Estates, Illinois 60179

RE: Country of origin of a knit to shape sweater; Section
102.21(c)(3), Customs Regulations 

Dear Ms. Williams:

     This is in response to your inquiry of May 9, 1996,
requesting a country of origin determination for women's sweaters
pursuant to Section 102.21, Customs Regulations.  A sample was
submitted for examination and will be returned to you under
separate cover.

FACTS:

     The merchandise at issue is a women's knitted  sweater.  The
knitting of the front, back, and sleeves is done in the
Philippines.  The linking, finishing, and packaging is done in
China.  

  ISSUE:

     What is the country of origin of the subject sweater?

LAW AND ANALYSIS:

     Pursuant to Section 334 of the Uruguay Round Agreements Act
(codified at 19 USC 3592), new rules of origin were 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textile products entered, or withdrawn from warehouse, for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.  As the
subject merchandise is not wholly obtained or produced in a
single country, territory, or insular possession, Section
102.21(c)(1) is inapplicable.    

     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:

          6101-6117 (3) 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.

     The subject article is classified in Heading 6110 of the
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA).  Section 102.21(e) requires a tariff shift to headings  
6101 through 6117 from any heading outside the specified
headings.  In this case, however, a tariff shift to Heading 6110
occurs in the Philippines, from components that are classifiable
under Heading 6117, HTSUSA.  The tariff shift in this instance
does not meet the applicable requirements of Section 102.21(e),
and therefore, Section 102.21(e) is not applicable.   
     
     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 or (with an exception for
goods of certain specifically enumerated headings), was wholly
assembled in a single country, territory, or insular possession. 

     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 sweater is comprised of the front
and back panels and the sleeves.  The knit to shape front and
back panels and sleeves make up more than 50 percent of the
exterior surface and are major parts of the finished sweater. 
The knit to shape major parts are knit in the Philippines, and
therefore, in accordance with Section 102.21(c)(3)(i), the
country of origin of the subject sweater is the Philippines. 
This determination is consistent with recent Headquarters Ruling
Letter (HRL), 959168, dated May 28, 1996, where Customs
determined that the country of origin of a vest consisting of
front and back panels knit to shape in China was China.  

HOLDING:

     The country of origin of the knit to shape sweater is the
Philippines.

     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