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HQ 959566

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September 3, 1996
CLA-2 RR:TC:TE 959566 jb

CATEGORY: CLASSIFICATION

Tony Del Pozo
H.W. Robinson & Co., Inc.
Cargo Service Building No. 80
John F. Kennedy International Airport
Jamaica, NY 11430

RE: Country of origin determination for a silk scarf; 19 CFR

Dear Mr. Pozo:

This is in reply to your letter dated June 21, 1996, on behalf of your client, Casca Scarves, Inc., requesting a country of origin determination for a silk scarf which will be imported into the United States. A sample was submitted to this office for examination.

FACTS:

The subject merchandise consists of a scarf made out of 100 percent silk. The manufacturing operations are as follows:

CHINA

- gray goods are woven.

ITALY

- washing and bleaching the gray goods for printing and fabric dyeing;
- unrolling and straightening of fabric;
- printing;
- steaming of fabric;
- washing of fabric;
- finishing of fabric;
- straightening of printed fabric;
- cutting of fabric;
- hemming;
- labelling;
- ironing and packing.
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Section 334 of that Act (codified at 19 U.S.C. 3592) provides new rules of origin for textiles and apparel entered, or withdrawn from warehouse, for consumption, on and after July 1, 1996.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 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:"

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 subject merchandise is classifiable as a silk scarf in heading 6214, Harmonized Tariff Schedule of the United States (HTSUS). As the subject silk scarf is comprised of fabric formed by a fabric making process in a single country, that is, China, the country of origin of the subject silk scarf is China.

HOLDING:

The country of origin of the subject silk scarf is China.

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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