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HQ 959865




November 27, 1996

CLA-2 RR:TC:TE 959865 CAB

CATEGORY: CLASSIFICATION

Arvind Suri
J.F. Moran Co., Inc.
475 Douglas Pike
Smithfield, Rhode Island 02917

RE: Country of origin of a scarf necklace; Section 102.21(c)(2), Customs Regulations

Dear Mr. Suri:

This is in response to your inquiry of October 11, 1996, requesting a tariff classification and country of origin determination for a scarf necklace pursuant to Section 102.21, Custom Regulations. This request is on behalf of Accessories Associates, Inc. The tariff classification issue was addressed in PD A86061, dated August 15, 1996. Consequently, this ruling will only address the country of origin inquiry. A sample was submitted to the port of Cleveland, Ohio.

FACTS:

The article at issue is described as a "scarf necklace" and is referred to as Style No. 0001. The article which is comprised of a narrow woven polyester fabric is sewn along the length. The article is tied in a knot at the front center, contains a hook and loop fastener at each end for closure around the neck, and measures 12 inches in length.

The polyester fabric is sourced in Thailand. The fabric is then exported to China where it is cut and sewn into the finished scarf necklace. The scarf necklace is then ironed and packed for export to the United States.

ISSUE:

I. What is the country of origin of the scarf necklace at issue?

II. Whether a visa is required and if so, from which country?

III. Whether there is an additional document required to confirm the origin of the scarf necklace or whether a multiple country declaration is sufficient?

LAW AND ANALYSIS:

Pursuant to Section 334 of the Uruguay Round Agreements Act (codified at 19 USC Section 3592), new rules of origin were effective for textile products entered, or withdrawn from warehouse, for consumption on or after July 1, 1996.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 to determine country of origin. Thus, the country of origin of a textile product is 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 or apparel product when the good is wholly obtained or produced in a single country, territory, or insular possession. As the scarf necklace has not been wholly obtained or produced in a single country, territory, or insular possession, this section is inapplicable.

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

Section 102.21(c)(2) provides, in pertinent part:

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.

Section 102.21(e) provides, in pertinent part:

Specific rules by tariff classification. 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:

6213-6214 The country of origin of a good classifiable under heading 6213 through 6214 is the country, territory, or insular possession in which the fabric is comprising the good was formed by a fabric-making process.

The subject necklace is classifiable under Heading 6214 of the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for, in pertinent part, scarves. Pursuant to the applicable provision of Sections 102.21(c)(2) and 102.21(e), the country of origin of the necklace scarf is Thailand, as this is the country where the fabric was formed by a fabric-making process.

With respect to your request as to advice on the country of origin labeling requirements for the subject merchandise, Customs ruled in Headquarters Ruling Letter (HRL) 559625, dated January 19, 1996, that the origin rules set forth in 19 USC Section 3592 govern the labeling requirements of textile and apparel products for purposes of the country or origin marking requirements of 19 USC 1304. As a result, the country of origin for the scarf necklace is Thailand and it must be so marked pursuant to 19 USC 1304.

You also inquire as to whether a visa is required and if so, from which country?

As stated in PD A86061, the subject scarf necklace is classifiable in subheading 6214.30.0000, HTSUSA, and the applicable textile quota category is 659. Therefore, a visa is required from the country of origin of the necklace scarf, Thailand, at the time of entry.

Finally, you question whether there is an additional document required to confirm the origin of the scarf necklace or whether a multiple country declaration is sufficient.

In accordance with 19 CFR 12.130(f), as the subject necklace scarf is an imported textile product subject to section 204 Agricultural Act of 1956, as amended, it should be accompanied by the appropriate declaration(s) set forth in paragraph (f)(1) or (f)(2) of Section 12.130, including a country of origin declaration. Generally, a multiple country declaration is sufficient, however Customs may request additional documentation as required for verification purposes.

HOLDING:

The country of origin of the subject necklace scarf is Thailand in accordance with Sections 102.21(c)(2) and 102.21(e).

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
Tariff Classification Appeals
Division

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