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NY B83921




April 28, 1997

CLA-2-RR:NC:TEX:353 B83921

CATEGORY: CLASSIFICATION COUNTRY OF ORIGIN

Mr. Patrick Pascarella
Viking Sea Freight, Inc.
181 South franklin Avenue
Suite 607
Valley Steam, N.Y. 11581

RE: Classification and country of origin determination for a scarf ; 19 CFR 102.21(c)(2); tariff shift

Dear Mr. Pascarella:

This is in reply to your letter dated March 25, 1997, received in our office on March 31, 1997 on behalf of your client Nishida International, requesting a classification and country of origin determination for a scarf which will be imported into the United States. You also request guidance as to the labeling of the scarf.

FACTS:

The subject merchandise consists of a scarf, the manufacture of which involves two countries.

The manufacturing operations for the scarf are as follows:

It is stated that the scarf is manufactured from silk fabric made in China. The silk fabric is then exported to Vietnam. The scarf will then be printed, cut and packed in Vietnam and then exported to the United States.

ISSUE:

What is the classification and country of origin of the subject merchandise?

CLASSIFICATION:

Assuming the scarf is of woven 100% silk, the applicable subheading for the scarf will be 6214.10.1000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for "Shawls, scarves, mufflers, veils and the like: Of silk or silk waste: Containing 70 percent or more by weight of silk or silk waste.". The rate of duty will be 3.8 percent ad valorem. At the present time there is no textile category designation for 100% silk scarves.

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Section 334 of that Act (codified at 19 U.S.C. 3592) provides new rules of origin for textiles and apparel entered, or withdrawn from warehouse, for consumption, on and after July 1, 1996.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

HTSUS Tariff shift and/or other requirements 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 comprising the good was formed by a fabric making process. HOLDING:

As the silk fabric is manufactured in a single country, that is, China, as per the terms of the tariff shift requirement, country of origin is conferred in 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.

MARKING

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or 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 the 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. Friedlaender & Co., 27 C.C.P.A. 297 at 302 (1940).

Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.41(b), Customs Regulations (19 CFR 134.41(b)), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. The ultimate purchaser is generally the last person in the United States who will receive the article in the form in which it was imported. (Section 134.1 Customs Regulations (19 CFR 134.1)).

A fabric label, sewn securely to the scarf, showing the country of origin is one method of providing the required information. Also the fiber content as well as the name of the importer, shipper, manufacturer or RN # may will also be required on the label.

We suggest you contact the Federal Trade Commission, 6th and Pennsylvania, NW. Washington, D.C. 20580, for information regarding marking under the Textile Fiber Products Identification Act, as amended (15 U.S.C. 70).

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

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 Martin Weiss at 212-466-5881.

Sincerely,

Paul K. Schwartz
Chief, Textiles & Apparel Branch

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