HQ 959261 - Country of origin determination for tents; 19 CFR - United States International Trade Commision Rulings

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HQ 959261

June 6, 1996
CLA-2 RR:TC:TE 959261 jb

CATEGORY: CLASSIFICATION

Tara Alcamo
Columbia Shipping Inc.
138-01 Springfield Boulevard
Jamaica, New York, 11413-2691

RE: Country of origin determination for tents; 19 CFR

Dear Ms. Alcamo:

This is in reply to your letter dated April 24, 1996, on behalf of your client, Sunkyong America, requesting a country of origin determination for certain tents which will be imported into the United States sometime on or after July 1, 1996.

FACTS:

The submitted merchandise consists of 100 percent nylon tents. The manufacturing process is as follows:

Korea-

- nylon fabric for the tents' outer shell is formed.

Vietnam-

- fabric is cut and sewn into tents.

ISSUE:

What is the country of origin of the subject merchandise?

LAW AND ANALYSIS:

On December 8, 1994, the President signed into law the Uruguay Round Agreements Act. Section 334 of that Act provides new rules of origin for textiles and apparel entered, or withdrawn from warehouse, for consumption, on and after July 1, 1996. On September 5, 1995, Customs published Section 102.21, Customs Regulations, in the Federal Register, implementing Section 334 (60 FR 46188). Thus, effective July 1, 1996, the country of origin of a textile or apparel product shall be determined by sequential application of the general rules set forth in paragraphs (c)(1) through (5) of Section 102.21.

Paragraph (c)(1) states that "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 merchandise is not wholly obtained or produced in a single country, territory or insular possession, paragraph (c)(1) of Section 102.21 is inapplicable.

Paragraph (c)(2) states that "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 that "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":

6301-6306 The country of origin of a good classifiable under heading
6301 through 6306 is the country, territory, or insular possession in which the fabric comprising the good was formed by a fabric-making process.

The subject tents are classified in heading 6306, Harmonized Tariff Schedule of the United States Annotated (HTSUSA). The fabric for the subject tents is formed in Korea. As the "fabric-making" process occurs in a single country, i.e., Korea, country of origin is conferred by Korea.

HOLDING:

The country of origin for the subject tents is Korea.

In your letter you require information regarding the marking of the labels, specifically, whether the labels should contain information addressing where the fabric was made, where the fabric was cut and assembled, and the fiber content. The marking of these tents as "Made in Korea", without any additional information, is consistent with the origin rules set forth in section 334 of the Uruguay Round Agreements Act (URAA). These tents will be treated as Korean products with the appropriate HTSUSA classification number. However, please be aware that you should check with the Federal Trade Commission, Division of Enforcement, located at 6th Pennsylvania Avenue, N.W., Washington, D.C. 20508, in regard to the marking of the tents to include information reflective of the fiber content.

The holding set forth applies only to the specific factual situation and merchandise identified in the ruling request. This position is clearly set forth in section 19 CFR 177.9(b)(1). This section states that a ruling letter, either directly, by reference, or by implication, is accurate and complete in every material respect.

Should it be subsequently determined that the information furnished is not complete and does not comply with 19 CFR 177.9(b)(1), the ruling will be subject to modification or revocation. In the event there is a change in the facts previously furnished, this may affect the determination of country of origin. Accordingly, if there is any change in the facts submitted to Customs, it is recommended that a new ruling request be submitted in accordance with 19 CFR 177.2.

Sincerely,

John Durant, Director

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