HQ 959820 - Country of origin determination for fabric; 19 CFR - United States International Trade Commision Rulings

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HQ 959820

October 25. 1996
CLA-2 RR:TC:TE 959820 jb

CATEGORY: CLASSIFICATION

Jesus L. San Pascual
Chung Nan Textile (Phils.) Corp.
Bldg. 187, Gridley SRF Compound
Subic Bay Freeport Zone
Philippines

RE: Country of origin determination for fabric; 19 CFR

Dear Mr. Pascual:

This is in reply to your letter, dated September 20, 1996, requesting a country of origin determination for certain fabric which will be imported into the United States.

FACTS:

You state that the raw material for the fabric is either cotton, rayon or polyester yarn sourced from either Pakistan, Taiwan, Indonesia or the Philippines.

The manufacturing operations are as follows:

PAKISTAN or TAIWAN or INDONESIA or PHILIPPINES

- yarn is sourced.

PHILIPPINES

- unbleached greige fabric is woven.

TAIWAN

- dyeing;
- printing.

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Section 334 of that Act (codified at 19 U.S.C. 3592) provides new rules of origin for textiles and apparel entered, or withdrawn from warehouse, for consumption, on and after July 1, 1996.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:"

5208-5212 A change to heading 5208 through 5212 from any heading outside that group provided that the change is the result of a fabric-making process.

5407-5408 A change to heading 5407 through 5408 from any heading outside that group, provided that the change is the result of a fabric-making process.

5512-5516 A change to heading 5512 through 5516 from any heading outside that group, provided that the change is the result of a fabric-making process.

The subject merchandise is classifiable in either headings 5208 through 5212, Harmonized Tariff Schedule of the United States (HTSUS), for the cotton fabric, or headings 5407 through 5408, HTSUS, for the rayon and polyester fabrics, or headings 5512 through 5516, HTSUS, depending on whether the woven fabrics are of staple or filament yarns. As the fabric making process for all of the subject merchandise occurs in a single country, that is, the Philippines, country of origin is conferred in the Philippines.

HOLDING:

The country of origin of the subject woven fabric is the Philippines.

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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