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HQ 959364





July 23, 1996

CLA-2 RR:TC:TE 959364 NLP

CATEGORY: CLASSIFICATION

Ms. Emmy Tan
Vertex International of America, Inc.
620 Tinton Avenue
Building B- 2nd Floor
Tinton Falls, NJ 07724

RE: Country of origin determination for a fabric roller shade; 19 CFR Section 102.21(c)(2)

Dear Ms. Tan:

This is in reply to your letter dated May 21, 1996, requesting a country of origin determination for a fabric roller shade. A sample shade was submitted for our examination.

FACTS:

The submitted sample is a textile roller window shade. The shade is made of a blend of 65 percent woven polyester and 35 percent woven rayon fabric. This shade will be imported in sizes ranging from 25-1/4 inches by 72 inches to 73-1/4 inches by 72 inches. The submitted sample has a plain hem. However, your letter indicates that the hem will have a fringe made of 100 percent polyester yarns. At the top of the shade is an attached roller, which is made from paper with metal and plastic end caps. The metal cap contains the roller mechanism.

The manufacturing operations are as follows:

TAIWAN
Fabric is woven, dyed and finished (we assume this includes the fringe)
Ends caps are produced

CHINA
Paper roller is produced
Fabric is cut
Shade is assembled

ISSUE:

What is the country of origin of the fabric roller shade?

LAW AND ANALYSIS:

Pursuant to the Uruguay Round Agreements Act, new rules of origin will be effective for textile products entered, or withdrawn from warehouse for consumption, on or after July 1, 1996.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 which determine country of origin. The country of origin of a textile 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 product in which the good is wholly obtained or produced in a single country, territory, or insular possession. It states the following:

The country 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.

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

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." The following provision is applicable in this instance:

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 fabric roller shade is classifiable in subheading 6303.92.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Curtains (including drapes) and interior blinds; curtain or bed valances: Other: Of synthetic fibers: Other." As the fabric comprising the roller shade is formed in one country, that is, Taiwan, the country of origin of the roller shade is conferred by Taiwan.

HOLDING:

The country of origin for the fabric roller shade is Taiwan.

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 C.F.R. 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 C.F.R. 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 C.F.R. ?177.2.

Sincerely,

John Durant, Director
Tariff Classification Appeals

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