N308349

N308349 January 10, 2020 CLA-2-61:OT:RR:NC:N3:359 CATEGORY: Classification TARIFF NO.: 6110.20.2020: 6110.20.2010 Mr. Paul Fitzpatrick Noatum Logistics 8550 W. Bryn Mawr Suite 400 Chicago, IL 60631 RE: Three sweaters from China; Country of origin determination; Section 102.21(c)(3) 19 Customs Federal Regulations (CFR) Dear Mr. Fitzpatrick: In your letter dated December 13, 2019, you requested a tariff classification and country of origin determination on behalf of your client, Lands’ End. Your samples will be returned. Style 512014 “Drifter” is a women’s cardigan constructed from 100 percent combed cotton cable knit fabric. The outer surface of the garment’s fabric measures fewer than nine stitches per two centimeters in the direction the stitches were formed. The cardigan features a rib-knit shawl collar neckline, a full front opening with five button closures, long sleeves with rib-knit cuffs, two pockets below the waist (one on either side) and a rib-knit bottom that extends to below the waist. Style 516175 “Drifter” is a men’s sweater constructed from 100 percent cotton knit fabric. The outer surface of the fabric measures fewer than 9 stitches per two centimeters in the direction the stitches were formed. Style 516175 features a partial front opening with a zippered closure that extends to the top of a stand-up rib knit collar, long sleeves with rib knit cuffs, and a rib knit bottom band. Style 512029 is a women’s pullover constructed from 100 percent combed cotton cable knit fabric. The outer surface of the garment’s fabric measures fewer than nine stitches per two centimeters in the direction the stitches were formed. The pullover sweater features a rib-knit round collar, long sleeves with rib-knit cuffs and a rib-knit bottom that extends to below the waist. The manufacturing operations for Styles 512014, 516175 and 512029 are as follows: In Macau, the garment’s major parts are knit on flat bed knitting machines directly to the shape used in the finished garment. Specifically, the front and back panels are knit to shape with self-start bottoms, self-finished sides, contoured necklines, and contoured armholes, and the sleeves are knit to shape with self-start bottoms, self-finished sides, and contoured armholes. These major parts are exported to China. In China, the garments are assembled as follows: The major parts (i.e., the front and back panels and the sleeves) are looped and linked. CLASSIFICATION: You suggest classification for styles 512014 and 512029 under subheading 6110.20.2077 and for Style 516175 under 6110.20.2067, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: Of cotton: Other: Other: Other: Women’s or girl’s: Knit to shape articles described in statistical note 6 to this chapter. Subheading 6110.20.2067, provides for Sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: Of cotton: Other: Other: Other: Men’s or boys’: Knit to shape articles described in statistical note 6 to this chapter. However, pursuant to HTSUS, Chapter 61, Statistical Note 3, all styles are more properly classified as sweaters at the 10-digit level. Consequently, the applicable subheading for Styles 512014 and 512029 will be 6110.20.2020, HTSUS, which provides for: Sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: Of cotton: Other: Other: Sweaters: Women’s. The applicable subheading for style 516175 is 6110.20.2010 which provides for Sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: Of cotton: Other: Other: Sweaters: Men’s. The rate of duty for all styles will be 16.5 percent ad valorem. COUNTRY OF ORIGIN – LAW AND ANALYSIS: Section 334 of the Uruguay Round Agreements Act (codified at 19 U.S.C. 3592), enacted on December 8, 1994, provided rules of origin for textiles and apparel entered, or withdrawn from warehouse for consumption, on and after July 1, 1996. Section 102.21, Customs Regulations (19 C.F.R. 102.21), published in the Federal Register on September 5, 1995, implements Section 334 (60 FR 46188). Section 334 of the URAA was amended by section 405 of the Trade and Development Act of 2000, enacted on May 18, 2000, and section 102.21 was amended accordingly (68 Fed. Reg. 8711). Section 102.21(b)(3) defines “knit to shape” for the purposes of this section as follows: “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.’” The country of origin of a textile or apparel product shall be determined by the sequential application of the general rules set forth in paragraphs (c)(1) through (5) of Section 102.21. Paragraph (c)(1) states: "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 garments are not wholly obtained or produced in a single country, territory or insular possession, paragraph (c)(1) is inapplicable. Paragraph (c)(2) states: "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." Paragraph (e) states, in pertinent part: "The 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 (3) If the good is knit to shape… a change to an assembled good of 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.” Since both the finished garments and its foreign-produced components are classified within the above-noted tariff range, paragraph (c)(2) is inapplicable. Paragraph (c)(3) states, in pertinent part: “Where the country of origin of a textile or apparel product cannot be determined under paragraph (c)(1) or (c)(2) of this section: (1) 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 subject garments are knit to shape in a single country, i.e., Macau, Section 102.21(c)(3) applies. HOLDING: Based on the information provided, the country of origin for styles 512014, 516175 and 512029 is Macau. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on the World Wide Web at https://hts.usitc.gov/current. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Renée Orsat at renee.orsat@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division

Section 334 of the Uruguay Round Agreements Act (codified at 19 U.S.C. 3592), enacted on December 8, 1994, provided rules of origin for textiles and apparel entered, or withdrawn from warehouse for consumption, on and after July 1, 1996. Section 102.21, Customs Regulations (19 C.F.R. 102.21), published in the Federal Register on September 5, 1995, implements Section 334 (60 FR 46188). Section 334 of the URAA was amended by section 405 of the Trade and Development Act of 2000, enacted on May 18, 2000, and section 102.21 was amended accordingly (68 Fed. Reg. 8711). Section 102.21(b)(3) defines “knit to shape” for the purposes of this section as follows: “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.’” The country of origin of a textile or apparel product shall be determined by the sequential application of the general rules set forth in paragraphs (c)(1) through (5) of Section 102.21. Paragraph (c)(1) states: "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 garments are not wholly obtained or produced in a single country, territory or insular possession, paragraph (c)(1) is inapplicable.Paragraph (c)(2) states: "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 i