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HQ 959383

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July 19, 1996

CLA-2 RR:TC:TE 959383 CAB

CATEGORY: CLASSIFICATION

James J. Kelly, Esq.
Barthco International, Inc.
7575 Holstein Avenue
Philadelphia, PA 19153

RE: Country of origin of silk jacquard fabric; Section 102.21(c)(2), Customs Regulations

Dear Mr. Kelly:

This is in response to your inquiry of June 13, 1996, requesting a country of origin determination for fabric pursuant to Section 102.21, Customs Regulations. This request is on behalf of J.G. Hook. A sample was not submitted for examination.

FACTS:

The merchandise at issue is 100 percent silk jacquard woven fabric. The manufacturing process is as follows: Jacquard piece goods measuring 44-45" wide will be produced in China; The piece goods will then be exported to Korea where it will be filmed, engraved, printed, tentered, finished, inspected and packed for shipment to the United States. In New York, the fabric will be cut and sewn into finished ties.

ISSUE:

What is the country of origin of the subject fabric?

LAW AND ANALYSIS:

Pursuant to the Uruguay Round Agreements Act, new rules of origin (codified at 19 USC 3592) were effective on textile products entered, or withdrawn from warehouse, for consumption on or after July 1, 1996.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 is 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. As the subject merchandise is not wholly obtained or produced in a single country, territory, or insular possession, Section 102.21(c)(1) is inapplicable.

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

Section 102.21(e) states "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:"

5007 A change to heading 5007 from any other heading, provided that the change is the result of a fabric-making process.

As the subject fabric is not wholly obtained or produced in a single country, we must apply Section 102.21(c)(2) and the applicable requirement of Section 102.21(e) to the proposed scenario to determine the country of origin of the subject goods. The fabric is classifiable in Heading 5007 of the Harmonized Tariff Schedule of the United States Annotated, HTSUSA, which is the provision for woven fabrics of silk or silk waste. Pursuant to the applicable provisions of Section 102.21(e), the country of origin of the silk fabric is China, the country where the fabric was formed by a fabric-making process.

HOLDING:

The country of origin of silk jacquard fabric at issue is China pursuant to Section 102.21(c)(2).

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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