Hi waffy,
Ok, here you go - the country of origin is where the "major parts are
knit to shape".
U.S. Customs and Border Protection - Textile & Apparel Rules of Origin:
AN INFORMED COMPLIANCE PUBLICATION REVISED APRIL 2004: Page 11:
(B) Special rules govern knit-to-shape products.
"The country of origin of knit-to-shape products is the country in
which major parts are knitted or crocheted directly to the shape used
in the finished product. Knit-to-shape means that the panels or parts
(not including parts such as collars, cuffs, waistbands, plackets,
pockets, linings, paddings, trim or similar parts) are knit to the
shape used in the final assembly process (rather than knit into a tube
or blanket of material that is cut to shape). Minor cutting, trimming
or sewing does not affect whether components are knit to shape.
Knit-to-shape applies when 50 percent or more of the exterior surface
area (not including patch pockets, appliques, etc.) is formed by major
parts that have been knitted or crocheted directly to the shape used
in the good. "
Page 12: (3) Multi-country Rule
"If the country of origin of a textile or apparel product cannot be
determined by one of the above rules and the product is created as a
result of processing in two or more countries, the country of origin
is:
(A) The country in which the most important assembly or most important
manufacturing process occurs. The most important processing operation
must be determined on a case by-case basis through binding rulings and
court decisions. The resulting body of rulings and court decisions may
serve as guidelines in the future.
(B) If the most important assembly or manufacturing process cannot be
determined, the country of origin is the last country in which an
important assembly or manufacturing operation occurred.
For example: if the right half of a coat is assembled in one country
and the left half is assembled in another country, and provided the
processing steps in each country are equally balanced, then the
country of origin is probably the country in which the two halves are
sewn together (that is, the last country in which an important
processing operation occurred) because each half is equally
important..."
"Multi-country processing of goods often leads to origin
determinations based upon the place where the most important
processing operation occurred or, if that cannot be ascertained, the
last place where an important processing operation occurred. Such
determinations can only be made on a case-by-case basis, conditioned
upon the specific facts in each case. As such, binding rulings should
be requested from:
U.S. Customs and Border Protection
Director, National Commodity Specialists Division
One Penn Plaza, 10th Fl
ATTN: Binding Rulings Section
New York, New York 10119
The requestor should be sure to specify that the ruling is requested
pursuant to the textile and apparel rules of origin in §334. Complete
information should be supplied as to manufacturing and processing and
a sample (or drawings if a sample is not practical showing exact
subassemblies or processing steps should be submitted with the request
for a ruling. Rulings requested from New York will be answered within
30 days if information provided by the requestor is complete..."
http://www.cbp.gov/linkhandler/cgov/toolbox/legal/informed_compliance_pubs/textiles/icp006r3.ctt/icp006r3.pdf
Additional Link of Interest
Threading Your Way Through the Labeling Requirements Under the Textile
and Wool Acts:
http://www.ftc.gov/bcp/conline/pubs/buspubs/thread.htm
I was glad to have found the 2004 U.S. Customs link for you. If you
have any questions, please post a clarification request *before*
closing/rating my answer and I'll be happy to reply.
Thank you,
hummer
Google Search Terms Used:
"knit to shape" "country of origin" |
Request for Answer Clarification by
waffy-ga
on
12 Nov 2004 00:00 PST
Hello Hammer,
Thank you for your reply.
I am still a little confuse, can you clarify why country of origin for
"major parts are knit to shape" is perferred over where the "country
in which the fabric is both dyed and printed"?
In Page 11 of the link
http://www.cbp.gov/linkhandler/cgov/toolbox/legal/informed_compliance_pubs/textiles/icp006r3.ctt/icp006r3.pdf
you provided stated:
"((ii) Articles Made From Fabric Notwithstanding the rule set forth in
(A)(ii) above, the country of origin of certain articles made from
fabric in the following eighteen (18) Harmonized Tariff Schedule
classifications is the country in which the fabric is both dyed and
printed ...
(the HTS classifications are followed by general descriptions):
6117.10 0 knitted or crocheted shawls, scarves, mufflers, mantillas,
veils and the like 6213 handkerchiefs, not knitted or crocheted
6117.10 0 knitted or crocheted shawls, scarves, mufflers, mantillas,
veils and the like 6213 handkerchiefs, not knitted or crocheted... "
For the (18) items mentioned in the document, it the country of origin
should be where it is dyed and printed, and this included knitted
items.
There seemed to be a contradiction with the "knit to shape" rule.
Could you help clarify? Thank you.
Cheers,
Waffy
|
Clarification of Answer by
hummer-ga
on
12 Nov 2004 06:32 PST
Hi again waffy,
The key is whether your products are cut from a piece of fabric or
knit into the shape needed.
(C) Fabric
"The country of origin of a FABRIC is the country in which the fabric
is woven, knitted, needled, tufted, felted, entangled or created by
any other fabric making process..."
At this point, it is just fabric and will need to be cut into the
shape needed to produce the garment.
The section that you quoted, "C) (ii) Articles Made From Fabric ", is
for fabric that still needs to be cut into shape.
>>>
(B) Special rules govern knit-to-shape products.
"The country of origin of knit-to-shape products is the country in
which major parts are knitted or crocheted directly to the shape used
in the finished product."
At this point, no cutting is needed as it was made into the shape
needed to produce a garment.
The section that I quoted, "B) Special rules govern knit-to-shape
products", is for pieces that were shaped when they were knitted.
If the major parts of your products are knit-to-shape, then follow the
rule (B). However, if your products are made from knitted fabric and
cut-to-shape, then follow the rule (C).
Please let me know if this makes it clearer for you. If not, I will be
more than happy to try again.
Sincerely,
hummer
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