HQ 959495 - Country of origin determination for cushion covers and chair pad; 19 CFR ?102.21(c)(1); wholly obtained or produced - United States International Trade Commision Rulings

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HQ 959495

August 6, 1996
CLA-2 RR:TC:TE 959495 jb

CATEGORY: CLASSIFICATION

Thomas F. Bell
Park Imports
P.O. Box 10038
Goldsboro, North Carolina 27532

RE: Country of origin determination for cushion covers and chair pad; 19 CFR ?102.21(c)(1); wholly obtained or produced

Dear Mr. Bell:

This is in reply to your letter dated July 9, 1996, requesting a country of origin determination for cushion covers and a chair pad which will be imported into the United States. Samples were submitted to this office for examination.

FACTS:

The subject merchandise consists of 4 types of cushion covers and a chair pad made out of 100 percent yarn-dyed cotton fabric. The first cushion cover measures approximately 11-1/2 inches by 12 inches and features three-3/4 inch wooden buttons at the top for closure. The second cushion cover measures 15-1/2 inches by 15-1/2 inches and features a 4-« inch overlapping flap with three one inch buttons for closure. The third cushion cover measures 11-1/2 inches by 11-1/2 inches and features a nylon zipper at the top for closure. The fourth cushion cover measures 15-1/2 inches by 15-1/2 inches and features a nylon zipper at the top for closure. The chair pad measures 18-1/2 inches by 19 inches and features two 11 inch ties and four tufts. Although you state in your letter that the subject merchandise is "hand-loomed", for your information the subject merchandise is not quota exempt under the bilateral textile agreement between the United States and India. Accordingly, this merchandise is subject to quota.

All of the subject merchandise is imported from India and fiberfill pillows will be inserted in the United States. Completed cushion covers and chair pads will be used as decorative accessories on sofas, chairs and beds.

The manufacturing operations are as follows:

INDIA

- fabric is formed;
- fabric is cut;
- zippers are sourced;
- buttons are sourced;
- sewing.

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Section 334 of that Act (codified at 19 U.S.C. 3592) provides new rules of origin for textiles and apparel entered, or withdrawn from warehouse, for consumption, on and after July 1, 1996.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 wholly obtained or produced in a single country, that is India, the country of origin of the subject merchandise is India.

HOLDING:

In the case of the submitted cushion covers and chair pad, the country of origin is India.

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

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