HQ 959243: Clarification of Headquarters Ruling Letter (HQ) 958848; 19 CFR 102.21(c)(3)(I)

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 959243

                           May 17, 1996

CLA-2 RR:TC:TE 959243 CMR

CATEGORY: Classification

Paul Racano
Newport News, Inc.
711 Third Avenue
New York, NY 10017
 
RE: Clarification of Headquarters Ruling Letter (HQ) 958848; 
    19 CFR 102.21(c)(3)(I) 

Dear Mr. Racano:

     On April 9, 1996, this office issued to you HQ 958848
regarding the country of origin of a woman's knit garment.  The
decision in that ruling is correct, however, it was based upon
application of section 102.21(c)(2).  This paragraph of section
102.21 refers to the rules set out in section 102.21(e), i.e.,
specific tariff rules.

     The garment at issue in HQ 958848 was classifiable in
heading 6110, Harmonized Tariff Schedule of the United States
Annotated (HTSUSA).  The appropriate tariff rule in section
102.21(e) requires a tariff shift occur.  It states:

     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.

     As stated above, the garment at issue was classifiable in
heading 6110, HTSUSA.  Thus, the above rule requires a tariff
shift to heading 6110 occur.  The tariff shift to heading 6110
occurs in Hong Kong from components classifiable in heading 6117. 
Applying the tariff shift rule, the tariff shift occurring in
Hong Kong fails to meet the requirements of the rule and origin
cannot be determined by application of section 102.21(c)(2). 
                               -2-


     Section 102.21(c)(3) states that "[w]here 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 knit to shape components of the good were knit in
China, China is the country of origin and was correctly stated to
be the country of origin of the good in HQ 958848.

                         Sincerely,



                         John Durant, Director
                         Tariff Classification Appeals Division