HQ 959275 - Country of origin determination; Section 102.21, Customs Regulations; 100 percent silk woven scarf. - United States International Trade Commision Rulings

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HQ 959275

June 13, 1996
CLA-2 RR:TC:TE 959275 SK

CATEGORY: CLASSIFICATION

Julie Kim
Inter-Maritime Forwarding Company Incorporated 156 William Street
New York, N.Y. 10038-2689

RE: Country of origin determination; Section 102.21, Customs Regulations; 100 percent silk woven scarf.

Dear Ms. Kim:

This is in response to your inquiry of April 8, 1996, requesting a country of origin determination for a 100 percent silk woven scarf pursuant to Section 102.21, Customs Regulations. A sample was submitted to this office for examination.

You also requested guidance as to how the subject merchandise should be marked. Be advised that the Marking Branch will issue a separate ruling letter to you on this issue.

FACTS:

The silk fabric comprising the scarf is woven in China.

The fabric is then sent to Italy where it is dyed, printed, cut and sewn.

ISSUES:

What is the country of origin for the subject merchandise?

LAW AND ANALYSIS:

Pursuant to the Uruguay Round Agreements Act, new rules of origin will be effective for textile or apparel products entered, or withdrawn from warehouse for consumption, on or after July 1, 1996.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 which determine country of origin. The country of origin of a textile or apparel product will be determined by a hierarchy of rules set forth in paragraphs (c)(1) through (c)(5) of Section 102.21.

Section 102.21(c)(1) sets forth the general rule for determining the country of origin of a textile or apparel product in which the good is wholly obtained or produced in a single country, territory, or insular possession.

Section 102.21(c)(2) provides for instances where the country of origin of a textile or apparel product cannot be determined under Section 102.21(c)(1). Section 102.21 (c)(2) provides:

"[W]here 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."

The 100 percent silk scarf is classifiable under heading 6214, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for, in pertinent part, scarves. Section 102.21(c)(1) does not provide the relevant analysis in the instant case because the subject merchandise is not wholly obtained or produced in a single country, territory, or insular possession. Accordingly, we turn to Section 102.21(c)(2) which directs us to paragraph (e) of this section. Paragraph (e) states, in pertinent part, that origin is conferred in the following situations:

6213-6214 The country of origin of a good classifiable under heading 6213 through 6214 is the country, territory, or insular possession in which the fabric comprising the good was formed by a fabric-making process.

The scarf is made up of fabric woven in China. Accordingly, pursuant to Section 102.21(c)(2), China is the country of origin for the subject merchandise.

HOLDING:

Pursuant to Section 102.21(c)(2), China is the country of origin for the subject merchandise.

The holding set forth above 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 is issued on the assumption that all of the information furnished in the 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
Tariff Classification Appeals

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