H304835

HQ H304835 February 6, 2020 OT:RR:CTF:FTM H304835 PJG CATEGORY: Origin Christopher W. Lucas Blue Star Imports L.P. 77 Hot Metal Street Pittsburgh, Pennsylvania 15203 Re: Country of origin of women’s knit undergarments Dear Mr. Lucas: This ruling is in response to your letters, dated May 21, 2019 and June 28, 2019, filed by Blue Star Imports L.P. (“Blue Star”), a subsidiary of American Eagle Outfitters, Inc., requesting a binding ruling on the country of origin of three products, specifically, a seamless boybrief (style 6749), a seamless basic thong (style 6750), and a seamless rib carryover bralette (style 2593). Your request was forwarded by the National Commodity Specialist Division to this office for a response. For each style product, you submitted a sample of the tubular fabric as well as the finished product. We are returning the samples to you with this ruling. FACTS: You describe the boybrief (style 6749) as follows: a seamless, low-rise, full-coverage underwear, for women. It features self-start waistbands, back gusset seams, a change in knit pattern for the crotch portion, and elasticized leg openings. The main body consists of 90% nylon and 10% elastane and the gusset consists of 68% nylon, 24% cotton, and 8% elastane. You describe the seamless basic thong (style 6750) as follows: a seamless, low-rise, high-cut underwear, for women. It features self-start waistbands, back gusset seams, a change in knit pattern for the crotch portion, and elasticized leg openings. The main body consists of 90% nylon and 10% elastane and the gusset consists of 68% nylon, 24% cotton, and 8% elastane. You describe the seamless rib carryover bralette (style 2593) as follows: a seamless brassiere consisting of ribbed, stretchable fabric, with no lining, padding, wires, or clasp mechanism. The Bralette features a scooped front and back neckline, thick straps, and a self-start bottom band. The main body consists of 93% nylon and 7% elastane. The front of the Bralette is double layered. The self-start bottom band consists of 88% nylon and 12% elastane. According to your description, the production process in China and Vietnam are the same for the boybrief (style 6749) and seamless basic thong (style 6750), except that with regard to the boybrief, you state that in China the “[t]ubular knitting takes place, with a change in knit pattern for the waistline and gusset,” and with regard to the seamless basic thong, you state that in China the “[t]ubular knitting takes place, with a change in knit pattern for the waistline, gusset, and material around what will become the leg openings.” Otherwise, the processing is described as follows for both products: [China] – The nylon, cotton, and elastane are obtained in [China]…..The tubular material is then dyed and cut to the approximate size of the apparel. No lines of demarcation are drawn for subsequent cutting. The bottom of the tubular material is temporarily stitched for ease of transport (and later unstitched in Vietnam, after dyeing). Vietnam – After shipment of the tubular material from [China] to Vietnam, the leg openings are cut using pattern paper. Sewing is then carried out in the following sequence: (i) elastic is sewn around the leg openings; (ii) the back gusset seam is sewn shut, connecting the front and back parts of tubular material to form the final shape of the [product]; and (iii) bar tack seams are sewn to secure the back crotch-seam edges. The [product] is then labelled and packaged for export to the United States. According to your description, the production process in China and Vietnam for the bralette (style 2593) is as follows: [China] – The nylon and elastane are obtained in [China]. Tubular knitting takes place, with a change in knit pattern for the self-start bottom band. The tubular material is dyed and cut to the approximate size of the apparel. No lines of demarcation are drawn for subsequent cutting. Vietnam – After shipment of the tubular material from [China] to Vietnam, the arm openings and neckline are cut using pattern paper. The fold-over elastic is then sewn along the arm openings and front and back neckline, and flatlock sewing is performed on the shoulder straps to connect the front and back parts of the tubular material to form the final shape of the Bralette. The Bralette is then labelled and packaged for export to the United States. In your submission, you state that the bralette (style 2593) does not have a lining fabric. However, the sample that you submitted does have a lining fabric, which provides bust support. ISSUE: What is the country of origin of the subject women’s knit undergarments? LAW AND ANALYSIS: Section 334 of the Uruguay Round Agreements Act (“URAA”) (codified at 19 U.S.C. § 3592), enacted on December 8, 1994, provides rules of origin for textiles and apparel products entered, or withdrawn from warehouse, for consumption on or after July 1, 1996. Section 102.21 of the Code of Federal Regulations (19 C.F.R. § 102.21), implements the URAA. The country of origin of a textile or apparel products will be determined by sequential application of paragraphs (1) through (5) of section 102.21 (19 C.F.R. § 102.21(c)(1) – (5)). Paragraph (c)(1) of section 102.21 (19 C.F.R. § 102.21(c)(1)) states that “[t]he 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.” The three subject merchandise were not wholly obtained or produced in a single country, therefore, 19 C.F.R. § 102.21(c)(1) is inapplicable. Paragraph (c)(2) of section 102.21 (19 C.F.R. § 102.21(c)(2)) states that “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. Paragraph (e) of section 102.21 (19 C.F.R. § 102.21(e)) states, in relevant part, that “[t]he following rules will 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 (1) If the good is not knit to shape and consists of two or more component parts, except for goods of subheading 6117.10 provided for in paragraph (e)(2) of this section, a change to an assembled good of heading 6101 through 6117 from unassembled components, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession. (2) If the good is not knit to shape and does not consist of two or more component parts, except for goods of subheading 6117.10 provided for in paragraph (e)(2) of this section, a change to heading 6101 through 6117 from any heading outside that group, except from heading 5007, 5111 through 5113, 5208 through 5212, 5309 through 5311, 5407 through 5408, 5512 through 5516, 5806, 5809 through 5811, 5903, 5906 through 5907, 6001 through 6006, knitted or crocheted articles of heading 9619, and subheading 6307.90, and provided that the change is the result of a fabric-making process. (3) If the good is knit to shape, except for goods of subheading 6117.10 provided for in paragraph (e)(2) of this section, a change to 6101 through 6117 from any heading outside that group, except from knitted or crocheted articles of heading 9619, provided that the knit to shape components are knit in a single country territory or insular possession. 6210-6212 (1) If the good consists of two or more component parts, a change to an assembled good of heading 6210 through 6212 from unassembled components, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession. (2) If the good does not consist of two or more component parts, a change to heading 6210 through 6212 from any heading outside that gro

Section 334 of the Uruguay Round Agreements Act (“URAA”) (codified at 19 U.S.C. § 3592), enacted on December 8, 1994, provides rules of origin for textiles and apparel products entered, or withdrawn from warehouse, for consumption on or after July 1, 1996. Section 102.21 of the Code of Federal Regulations (19 C.F.R. § 102.21), implements the URAA. The country of origin of a textile or apparel products will be determined by sequential application of paragraphs (1) through (5) of section 102.21 (19 C.F.R. § 102.21(c)(1) – (5)).Paragraph (c)(1) of section 102.21 (19 C.F.R. § 102.21(c)(1)) states that “[t]he 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.” The three subject merchandise were not wholly obtained or produced in a single country, therefore, 19 C.F.R. § 102.21(c)(1) is inapplicable. Paragraph (c)(2) of section 102.21 (19 C.F.R. § 102.21(c)(2)) states that “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. Paragraph (e) of section 102.21 (19 C.F.R. § 102.21(e)) states, in relevant part, that “[t]he following rules will 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 requirements6101- 6117 (1) If the good is not knit to shape and consists of two or more component parts, except for goods of subheading 6117.10 provided for in paragraph (e)(2) of this section, a change to an assembled good of heading 6101 through 6117 from unassembled components, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession. (2) If the good is not knit to sh