United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1998 NY Rulings > NY C84951 - NY C85033 > NY C85028

Previous Ruling Next Ruling
NY C85028




April 9, 1998

CLA-2-RR:NC:TA:360 C85028

CATEGORY: CLASSIFICATION

Margaret R. Polito
Neville, Peterson & Williams
80 Broad Street - 34th Fl
New York, NY 10004

RE: Country of origin determination for women's and men's woven spa wraps; 19 CFR 102.21(c)(4)

Dear Ms. Polito:

This is in reply to your letter dated March 9, 1998, on behalf of B. F. Technologies, requesting a classification and country of origin determination for women's and men's woven spa wraps which will be imported into the United States. As you requested, the samples submitted with your request will be returned to you under separate cover.

FACTS:

The subject merchandise, no style designations provided, consist of a women's and men's wraps which are designed for wear after showering and bathing. The garments are constructed from 100% man-made fiber fabric. These garments were the subject of classification ruling NY C84795 dated March 17, 1998. The women's wrap is classifiable under subheading 6208.92.0010, Harmonized Tariff Schedule of the United States (HTS), as women's and girls' bathrobes, dressing gowns and similar articles , of man-made fibers and the men's wrap under subheading 6211.31.0061, HTS, the provision for other garments, men's and boys', of man-made fibers.

The manufacturing operations for the spa wraps are as follows: The fabric is woven and dyed in Country A. The fabric is sent to Country B where it is cut to width and length and three sides are hemmed. The fourth side is folded over a piece of elastic which is produced in Country C, in order to create a partially elasticized hem. You state that the elastic weighs less than 7% of the weight of the finished wrap. A velcro closure is attached to the top hem. Further, you state that the only difference between the men's and women's wrap is that the men's wrap has a pocket sewn onto the right side. It is your position that the wraps are produced from a single piece of fabric, with the exception of the pocket, and that the wraps therefore consist of a single component.

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 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

6201-6208 1) If the good consists of two or more component parts, a change to an assembled good of 6201 through 6208 from unassembled components, provided that the change is the result of the good being wholly assembled in a single country, territory or insular possession.

(2) If the good does not consist of two or more component parts, a change to heading 6210 through 6212 from any heading outside that group, except from heading 5007, 5111 through 5113, 5208 through 5212, 5309 through 5311, 5407 through 5408, 5512 through 5516, 5602 through 5603, 5801 through 5806, 5809 through 5811, 5903, 5906 through 5907,6001 through 6002, and 6217, and subheading 6307.90, and provided that the change is the result of a fabric-making process.

An identical rule of origin is set forth for goods classified in heading 6211, HTS.

As noted above, the women's wrap is classifiable under heading 6208, HTS, and the men's wrap under heading 6211, HTS. Accordingly, the wraps do not meet the requirements of Section 102.21(e). They are not produced by an assembly operation as specified in the first tariff shift rule; nor do they meet the requirements of the second tariff shift rule since the change to headings 6208 and 6211, HTS, results from a change from either heading 5407 or heading 5515, HTS, and these headings are specifically excluded from the tariff shift provision. Thus, Section 102.21(c)(2) is inapplicable.

Section 102.21(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.

Section 102.21(b)(6) defines "wholly assembled" as:

The term "wholly assembled" when used with reference to a good means that all components, of which there must be at least two, preexisted in essentially the same condition as found in the finished good and were combined to form the finished good in a single country, territory, or insular possession. Minor attachments and minor embellishments (for example, appliques, beads, spangles, embroidery, buttons) not appreciably affecting the identity of the good, and minor subassemblies (for example, collars, cuffs, plackets, pockets) will not affect the status of a good as "wholly assembled" in a single country, territory, or insular possession.

As the subject merchandise is neither knit, nor wholly assembled in a single country, Section 102.21 (c)(3) is inapplicable.

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 this case, the most important manufacturing process occurs at the time of the fabric making. Consequently, the country of origin of the spa wraps is country A where the fabric is formed.

HOLDING:

The country of origin of the men's and women's spa wraps is country A.

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.

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 Patricia Schiazzano at 212-466-5866.

Sincerely,

Robert B. Swierupski
Director,

Previous Ruling Next Ruling

See also: