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HQ 959027





April 5, 1995
CLA-2 RR:TC:TE 959027 CAB

CATEGORY: CLASSIFICATION

Siegel, Mandell & Davidson, P.C.
One Astor Plaza
1515 Broadway
New York, NY 10036-8901

RE: Country of origin determination for a textile belt; Section 102.21, Customs Regulations

Dear Sirs:

This is in response to your inquiry of March 11, 1996, requesting a country of origin determination, on behalf of your client, Liz Claiborne, Inc., (LCI) pursuant to Section 102.21, Customs Regulations, for a textile belt. No sample was submitted for examination.

FACTS:

LCI intends to import a woven textile belt. It is requested that for the purposes of this country of origin request that Customs assume that the textile belt is classifiable under Heading 6217 of the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

The proposed manufacturing begins with the weaving either in the form of narrow fabric or fabric bolts in Country "A". In Country "A", the fabric will be cut to length (in the case of narrow fabric) or, where necessary, to length and width (in the case of fabric bolts) to form belting strips dedicated for use in producing belts. Any necessary hemming will also be performed in Country "A". The individual belting strips produced in Country "A" will then be shipped to Country "B", where holes will be punched in each strip and the buckle and accompanying hardware will be attached to form a completed belt. The finished belt will then be exported to the United States. Countries "A" and "B" will not include Israel or a signatory of the North American Free Trade Agreement (NAFTA).

ISSUES:

1. Pursuant to Section 102.21, Customs Regulations, whether the country of origin of the subject belt is Country "A" or Country "B"?

2. If we conclude that the origin of the textile belt is Country "A", would a visa from Country "A" (the country in which the fabric was formed and cut) or Country "B" (the country in which all further manufacturing operations were performed) be required?

3. If we conclude that the origin of the textile belt is Country "A", would the applicable quota category for that article be the category associated with the woven fabric produced in Country "A" or that associated with the finished article completed in Country "B"?

LAW AND ANALYSIS:

1. Pursuant to Section 102.21, Customs Regulations, whether the country of origin of the subject belt is Country "A" or Country "B"?

Pursuant to the Uruguay Round Agreements Act, new rules of origin will be effective on textile products entered, or withdrawn from warehouse, for consumption on or after July 1, 1996. These rules were published in the Federal Register, 60 Fed. Reg. 46188( September 5, 1995). Section 102.21, Customs Regulations (19 CFR Section 102.21), sets forth the general rules to determine country of origin. Thus, the country of origin of a textile product will be determined by a hierarchy of rules set forth in paragraphs (c)(1) through (c)(5) of Section 102.21. Section 102(c)(1) sets forth the general rule for determining the country of origin of a textile or apparel product in which the good was wholly obtained or produced. Section 102.21(c)(2) provides for instances where the country of origin of a textile or apparel product cannot be determined under Section

Section 102.21(c)(2) provides, in pertinent part:

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.

Section 102.21(e) provides, in pertinent part:

Specific rules by tariff classification. 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:

6215-6217 (1) If the good consists of two or more component parts, a change to an assembled good of heading 6215 through
6217 from unassembled components, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession.

For reasons of determining the country of origin of the subject textile belt, Customs is assuming this article is properly classifiable under Heading 6217, HTSUSA. The fabric used to construct the textile belt is woven either in the form of narrow fabric or fabric bolts in Country "A". The fabric will also be cut to length or, where necessary, to length and width and hemmed to form belting strips in Country "A". The belting strips will then be shipped to Country "B", where holes will be punched in each strip and the buckle and accompanying hardware will be attached to form a finished belt.

As the textile belt is not wholly obtained or produced in a single country, we must determine whether the applicable requirement specified in Section 102.21(e) has been met. The finished textile belt is classifiable under Heading 6217, HTSUSA. In this case, the textile belt is comprised of the textile material, a buckle, and additional hardware. These multiple components are assembled into a finished textile belt which is classifiable under Heading 6217, HTSUSA, in Country "B". Therefore, pursuant, to the applicable provision under Section 102.21(e), the subject textile belt is a product of Country "B".

2. If we conclude that the origin of the textile belt is Country "A", would a visa from Country "A" (the country in which the fabric was formed and cut) or Country "B" (the country in which all further manufacturing operations were performed) be required?

As stated above, the country of origin of the subject textile belt is Country "B", thus a visa from Country "B" is required.

3. If we conclude that Country "A" is the country of origin of the subject textile belt, will the applicable quota category for the imported belts be that associated with the woven fabric produced in Country "A" or that associated with finished belts.

Again, we have concluded that the origin of the subject belt is Country "B", therefore the quota category applicable is that associated with the finished belt from Country "B".

HOLDING:

The country of origin of the textile belt at issue is Country "B".

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

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