HQ 958848: Country of origin determination for a woman's knit garment;19 CFR 102.21(c)(2); tariff shift

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 958848
                                 
                          April 9, 1996
CLA-2   RR:TC:TE 958848  jb

CATEGORY: Classification

Paul Racano
Newport News, Inc.
711 Third Avenue
New York, NY 10017

RE:  Country of origin determination for a woman's knit garment;
19 CFR 102.21(c)(2);    tariff shift

Dear Mr. Racano:

     This is in reply to your letter dated January 3, 1996,
requesting a country of origin determination for a women's knit
garment which will be imported into the United States sometime on
or after July 1, 1996.  A sample was submitted to this office for
examination and will be returned under separate cover.

FACTS:

     The submitted garment consists of a woman's knit garment. 
The manufacturing operations are as follows:

     China                              Hong Kong

     - panels are knit                  - linking
     - sleeves are knit                 - looping
                                   - shipping

ISSUE:

     What is the country of origin of the submitted merchandise?

LAW AND ANALYSIS:

     On December 8, 1994, the President signed into law the
Uruguay Round Agreements Act.  Section 334 of that Act 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withdrawn from warehouse, for consumption, on and after July 1,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 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 shall apply
for purposes of determining the country of origin of a textile or
apparel product under paragraph (c)(2) of this section":

     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 merchandise is a women's knit garment
classifiable in heading 6110, HTSUSA.  The knit to shape
components are classifiable in heading 6117, HTSUSA.  This change
to heading 6117, HTSUSA, occurs in China where the components are
knit-to-shape.  Accordingly, the knitting to shape of the panels
and sleeves in China confers country of origin.   

HOLDING:

     The country of origin of the subject woman's knit garment is
China.

     This ruling is issued pursuant to the provisions of Part
177, Customs Regulations (19 CFR Part 177).  If the specific
factual situation is not as described above, this ruling may not
be valid.  In such an event, it is recommended that a new ruling
request be submitted.


                              Sincerely,



                              John Durant, Director
                              Tariff Classification Appeals
Division