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HQ 959610




October 3, 1996
CLA-2 RR:TC:TE 959610 jb

CATEGORY: CLASSIFICATION

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

RE: Country of origin determination for a hair band, pillow and vest; 19 CFR ?102.21(c)(2); tariff shift; ?102.21(c)(4); most important manufacturing process

Dear Mr. McGinness:

This is in reply to your letter dated August 5, 1996, requesting a country of origin determination for a photo frame, hair band, shoe shine kit, pillow and vest. As the photo frame and shoe shine kit are outside the scope of Section 102.21, this letter will not address those articles. You will receive a separate letter addressing the photo frame and shoe shine kit from our Special Classification and Marking Branch. Samples of all the merchandise, except the pillow, 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. Hair band

This item is elasticized and is worn as a decorative hair band for pony tails.

CHINA

- raw silk is woven and exported to Italy in both bolts of off-white raw silk as well as in thread/yarn form.

ITALY

- patterns are created on the silk fabric and transferred, one "gelatin negative" for each color in the design, to silk-screening brackets. The brackets are loaded onto silk- screening presses which, in turn, are loaded with bolts of raw silk;
- fabric is cleaned and cut;
- elastic is sourced;
- fabric is folded over, elastic is inserted and edges are sewn to form completed hair band.

II. Pillow

The pillow measures either approximately 16 inches by 16 inches or 12 inches by 12 inches. These measurements are adequate in size to provide support.

CHINA

- raw silk is woven and exported to Italy in both bolts of off-white raw silk as well as in thread/yarn form.

ITALY

- patterns are created on the silk fabric in the same way as stipulated above;
- fabric is cut to size for top and bottom panels; - fabric is sewn so that a synthetic batting, also sourced in Italy, may be inserted;
- sewing is completed and edges are finished.

III. Vest

The garment features a V-neck, oversized armholes, two slanted side pockets, a five button closure (the buttons may be plain, or as in this case, silk-covered) and self-fabric back ties.

CHINA

- raw silk is woven and exported to Italy in both bolts of off-white raw silk as well as in thread/yarn form.

ITALY

- patterns are created on the silk fabric in the same way as stipulated above;
- the silk fabric is cleaned, heated and cut to the component pieces;
- plain, coordinated color silk is dyed and/or printed for the garment's lining and then cut into component pieces; - vest is sewn and assembled with lining; - buttons and cinch belts, sourced in Italy, are attached.

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":

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.

6215-6217 If the good consists of two or more component parts, a change to an assembled good of heading 6215 through 6217 from unassembled components, provided that the change is
the result of the good being wholly assembled in a single country, territory or insular possession

9404.90 The country of origin of a good classifiable under subheading 9404.90 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 vest is classified in heading 6211, Harmonized Tariff Schedule of the United States (HTSUS), the hair band is classified in heading 6217, HTSUS, and the pillow is classified in subheading 9404.90, HTSUS. Accordingly, as the vest is comprised of more than two components and is wholly assembled in a single country, Italy, the country of origin is Italy. As the hair band is comprised of two components (the fabric and the elastic) and is wholly assembled in a single country, Italy, the country of origin is Italy. As the fabric making process for the pillow occurs in more than one country (China, where the outer shell fabric is formed and Italy, where the synthetic batting is formed), 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 pillow is not knit to shape and the subheading 9404.90, HTSUSA, is excepted by provision (ii), section 102.21 3(c) 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 pillow, the most important manufacturing process occurs at the time of the fabric making process of the outer shell, which actually forms the merchandise. Moreover, basing the country of origin determination on the fabric-making process carries out the clear intent of Section 334 as expressed in Section 334(b)(2) and Part 102.21(c)(3)(ii). Accordingly, the fabric making process in China, where the fabric for the outer shell of the pillow is formed, constitutes the most important manufacturing process. Accordingly, the country of origin of the pillow is China. In regard to the, hair band and vest, the proposed marking "designed and handcrafted in Italy from the finest silk made in China" is not consistent with the country of origin marking requirements in Part 134, Customs Regulations. An acceptable marking as per the Regulations stated is "Manufactured in Italy", "Made in Italy" or "Product of Italy". The inclusion of the component materials which comprise the goods is optional. Similarly, an acceptable marking for the pillow is "Manufactured in China", "Made in China" or "Product of China".

HOLDING:

The country of origin of the hair band and vest is Italy.

The country of origin of the pillow 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 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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