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HQ 959670




September 17, 1996
CLA-2 RR:TC:TE 959670 jb

CATEGORY: CLASSIFICATION

Brett Ian Harris, Esq.
Grunfeld, Desiderio, Lebowitz & Silverman, LLP 245 Park Avenue, 33rd Floor
New York, NY 10167-0002

RE: Country of origin determination for tents; 19 CFR

Dear Mr. Harris:

This is in reply to your letter dated August 14, 1996, on behalf of your client, Jinwoong, Inc.(America), requesting a country of origin determination for certain tents which will be imported into the United States.

FACTS:

The submitted merchandise consists of certain tents suitable for outdoor camping. The manufacturing process is as follows:

Scenario 1

KOREA

- treated nylon fabric is woven;
- treated polyester fabric is woven;
- accessories (tent poles, pegs, ropes and other hardware) are sourced.

CHINA

- cutting;
- sewing;
- complete assembly of finished tents.

Scenario 2

KOREA

- treated nylon fabric is woven;
- treated polyester fabric is woven.

CHINA

- accessories (tent poles, pegs, ropes and other hardware) are sourced.
- cutting;
- sewing;
- complete assembly of finished 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Section 334 of that Act (codified at 19 U.S.C. 3592) provides new rules of origin for textiles and apparel entered, or withdrawn from warehouse, for consumption, on and after July 1, 1996.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." In both scenarios 1 and 2, 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 of the 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). As the fabric making process for the subject tents occurs in a single country, i.e., Korea, country of origin is conferred in Korea.

The proposed markings "Made in Korea", "Korea" or "Product of Korea", are acceptable markings as per the origin rules set forth in section 102.21, Customs Regulations, and with the country of origin marking requirements in Part 134, Customs Regulations.

HOLDING:

The country of origin of the subject tents is Korea.

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, 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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