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NY B86067




June 18, 1997

CLA-2-62:RR:NC:TA:354 B86067

CATEGORY: CLASSIFICATION

TARIFF NO.: 6212.90.0030

Mr. Arlen T. Epstein
Serko & Simon
One World Trade Center - Suite 3371
New York, New York 10048

RE: The tariff classification, country of origin and marking of garter; Section 102.21(c)(2).

Dear Mr. Epstein:

In your letter dated May 28, 1997, filed on behalf of Russ Berrie and Company, Inc., you requested a tariff classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), as well as origin and visa determinations for a garter which is manufactured in China from fabric produced in Taiwan. Advice is also being requested on the permissibility of marking the garment in either one of the following ways: (1) Made in China of Taiwanese Fabric or (2) Cut and Sewn in China from Taiwanese Fabric. The submitted sample will be returned as per your request.

Sample 17436 is a wedding garter constructed of nylon lace-like fabric sewn around a satin covered elasticized band. The garter features a nylon ribbon and pewter heart which are sewn on the elasticized band. Your letter states the garter is constructed of 83% nylon 17% acrylic fabric. You have indicated that unworked and uncut bolts of fabric are manufactured in Taiwan and sent to China where the fabric is cut into the components of the garter and then sewn together and the pewter heart is attached.

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to the Uruguay Round Agreements Act, new rules of origin will be effective for textile or apparel products entered, or withdrawn from warehouse for consumption, on or after July 1, 1996.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

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:

"[W]here 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:"

6210-6212 (1) 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.

The applicable subheading for the garter will be 6212.90.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for Brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted: other . . . of man-made fibers or man-made fibers and rubber of plastics. The duty rate will be 6.9 percent ad valorem. As the subject garter is made up of Taiwanese fabric cut and assembled in China, pursuant to Section 102.21(c)(2), China is the country of origin for the subject merchandise.

Section 12.130 which remains in effect was originally intended to be used to determine the country of origin of textiles and textile products for quota/visa requirement. In T.D. 90-17, issued February 23, 1990, Customs announced a change in practice and position. This change resulted in Customs using Section 12.130 for quota, duty and marking purposes when making country of origin determinations for textile goods. Therefore, in accordance with T.D. 90-17 and Section 12.130(e), the country of origin of the subject garter is China for quota, duty and marking purposes.

The garter falls within textile category designation 659. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa for the weight of the entire finished article.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. ?1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. Congressional intent in enacting 19 U.S.C. ?1304 was "that the ultimate purchaser should be able to know by an inspection of the marking on the imported goods the country of which the goods is product. The evident purpose is to mark the goods so that at the time of purchase the ultimate purchaser may, by knowing where the goods were produced, be able to buy or refuse to buy them, if such marking should influence his will." United States V. Freidlaender & Co. Inc. 27 CCPA 297, 302, C.A.D. 104 (1940). Part 134, Customs Regulations (19 C.F.R. Part 134), implements country of origin marking requirements and exceptions of 19 U.S.C. ?1304.

Section 134.46, Customs Regulations (19 C.F.R. ?134.46), requires that when any city or locality in the U.S. or the name of any foreign country or locality which is not the country of origin appears on the imported article or its container the name of the country of origin shall appear legibly, permanently, in close proximity, and in at least comparable size, preceded by the additional words "Made in," "Product of," or other words of similar meaning. The purpose of this section is to prevent the possibility of misleading or deceiving the ultimate purchaser.

If Russ Berrie and Company wishes to make reference on the garter to a locality which is not its country of origin, the name of the foreign country of origin must be preceded by "Made in," "Product of," or words of similar meaning pursuant to 19 C.F.R. ?134.46.

In regard to the marking (1) Made in China of Taiwanese Fabric or (2) Cut and Sewn in China from Taiwanese Fabric, we find that the requirements of 19 C.F.R. ?134.46 are satisfied. Since the country of origin of the fabric will be preceded by "Made in" or "Cut and Sewn in" the marking will indicate to the ultimate purchaser that the article imported into the U.S. is of Chinese origin. We find that the marking (1) Made in China of Taiwanese Fabric or (2) Cut and Sewn in China from Taiwanese Fabric on the finished garters will be an acceptable country of origin marking under 19 U.S.C. ?1304.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Brian Burtnik at 212-466-5880.

Sincerely,

Paul K. Schwartz
Chief, Textiles & Apparel Branch

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