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HQ 959609




November 4, 1996
CLA-2 RR:TC:TE 959609 jb

CATEGORY: CLASSIFICATION

Donald B. McGinness, Jr.
Silk Road Ltd.
P.O. Box 290
Augusta, Kansas 67010

RE: Country of origin determination for silk case/purse, boxer shorts, suspenders and blanket; 19 CFR ?102.21(c)(2); tariff shift; ?102.21(c)(5); last country in which an important assembly or manufacturing process occurs

Dear Mr. McGinness:

This is in reply to your letter dated August 5, 1996, requesting a country of origin determination for a silk case/purse, boxer shorts, cigarette case, key ring, belt, suspenders and blanket. As the cigarette case, key ring and belt are outside the scope of Section 102.21, this letter will not address those articles. You will receive a separate letter addressing the cigarette case, key ring and belt from our Special Classification and Marking Branch. Samples of all the merchandise, except the key ring and belt, were submitted to this office for examination.

FACTS:

The subject merchandise consists of a number of products made of 100 percent silk. The merchandise and the respective manufacturing operations are as follows:

I. Silk case/purse

This accessory item is stated to serve a variety of purposes including as a make-up bag, purse, change purse-key ring combination, eyeglass case, etc. This item, measuring 6-1/2 inches by 3-1/4 inches, is made of either leather or synthetic material that resists make-up stains and is covered in silk fabric. The silk fabric is folded in a pattern to create a woven or braided effect. The purse/case also features leather trim, a brass-colored snap bearing the name "Basile" or a zipper, and a flap opening secured by hook and loop type fasteners.

CHINA

- raw silk is woven and exported to Italy in bolts of off-white raw silk.

ITALY

- leather or synthetic material for the interior of the purse/case is sourced;
- patterns are created on the silk fabric by transferring one "gelatin negative" for each color in the design, to silk-screening brackets which are loaded onto silk- screening presses which, in turn, are loaded with bolts of raw silk;
- fabric is cleaned and cut;
- the fabric is folded and pressed to create a woven or braided effect;
- edges are finished;
- fabric is attached to the leather or synthetic lining material;
- brass snap or zipper is attached;
- labels are sewn.

II. Boxer shorts

The boxer shorts are of the underwear type and feature an elastic waistband and a fly front opening.

CHINA

- raw silk is woven and exported to Italy in bolts of off-white raw silk.

ITALY

- patterns are created on the silk fabric in the same way as stipulated above;
- fabric is cleaned and cut to pattern;
- elastic is sourced;
- sewing of completed garment;
- edges are finished;
- labels are sewn.

III. Suspenders

The subject suspenders feature adjustable straps finished with leather edges holding the clips which secure the suspenders to the pants. In the back, the suspenders are held to the pants by way of an elastic strap with a clip attachment. The suspenders may also feature button attachments in place of the clips.

CHINA

-raw silk is woven and exported to Italy in both bolts of off-white raw silk.

ITALY

- patterns are created on the silk fabric in the same way as stipulated above;
- the silk fabric is cleaned and cut;
- batting material is formed and inserted into the fabric to give the suspenders shape and firmness;
- edges are finished;
- clips or leather buttons, sourced in Italy, are attached; - elastic, sourced in Italy, is attached; - labels are sewn

IV. Blanket

The subject reversible blanket features one side that is made of wool fabric and the other side which is made of silk. The side which is made of silk also features wool trim around all four sides.

CHINA

- raw silk is woven and exported to Italy in bolts of off-white raw silk.

ITALY

- patterns are created on the silk fabric in the same way as stipulated above;
- the silk fabric is cleaned and cut;
- wool fabric is formed and cut;
- sewing of completed blanket;
- edges are finished;
- labels are sewn.

ISSUE:

1. What is the country of origin of the subject merchandise?

2. What is the appropriate marking for 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 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":

4202.92.15-4202.92.30 A change to subheading 4202.92.15 through 4202.92.30 from any other heading, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession.

6201-6208 If the good consists of two or more component parts, a change to an assembled good of heading 6201 through 6208 from unassembled components, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession.

6210-6212 If the good consists of two or more component parts, a change to an assembled good of heading 6210 through 6212 from unassembled components, provided that the change is the result of the good being wholly assembled in a single country, territory or insular possession.

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 merchandise is classifiable as follows: the silk case/purse is classified in subheading 4202.92.30, Harmonized Tariff Schedule of the United States (HTSUS), which provides for, among other things, travel, sports and similar bags, with outer surface of textile materials, the boxer shorts are classified in heading 6207, HTSUS, the suspenders are classified in heading 6212, HTSUS, and the blanket is classified in heading 6301, HTSUS. Accordingly, as the silk case/purse is wholly assembled in a single country, Italy, the country of origin is Italy. As the boxer shorts are comprised of two or more component parts and are wholly assembled in a single country, Italy, the country of origin is Italy. As the suspenders consist of two or more component parts and are wholly assembled in a single country, Italy, the country of origin is Italy. In the case of the blanket, as the fabric making process occurs in more than one country (China and Italy), section 102.21(c)(2) is not applicable.

Paragraph (c)(3) states that "Where the country of origin of a textile or apparel product cannot be determined under paragraph (c)(1) or (2) of this section":

(i) If the good was knit to shape, the country of origin of the good is the single country, territory, or insular possession in which the good was knit; or

(ii) Except for goods of heading 5609, 5807, 5811, 6213, 6214, 6301 through 6306, and 6308, and subheadings 6209.20.5040, 6307.10, 6307.90, and 9404.90, if the good was not knit to shape and the good was wholly assembled in a single country, territory, or insular possession, the country of origin of the good is the country, territory, or insular possession in which the good was wholly assembled.

As the blanket is not knit to shape and the heading 6301, HTSUS, is excepted by provision (ii), section 102.21 (c)(3) is not applicable.

Section 102.21 (c)(4) states, "Where the country of origin of a textile or apparel product cannot be determined under paragraph (c)(1), (2) or (3) of this section, the country of origin of the good is the single country, territory or insular possession in which the most important assembly or manufacturing process occurred". In the case of the blanket, the most important manufacturing process occurs at the time of the fabric making. As the fabric making process occurs in more than one country and no one fabric is more important than the other, that is, both fabrics contribute equally to the identity of the good, section 102.21 (c)(4) cannot readily be used to make a determination.

Section 102.21(c)(5) states, "Where the country of origin of a textile or apparel product cannot be determined under paragraph (c)(1), (2), (3) or (4) of this section, the country of origin of the good is the last country, territory, or insular possession in which an important assembly or manufacturing process occurred". In the case of the subject blanket, the last country in which an important assembly occurs is Italy. Accordingly, the country of origin is Italy.

In regard to the subject merchandise, the proposed marking "Made in Italy" is consistent with the country of origin marking requirements in Part 134, Customs Regulations.

HOLDING:

The country of origin of the subject silk case/purse, boxer shorts, suspenders and blanket is Italy.

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 sections 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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