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NY C85875




April 3, 1998

CLA-2-RR:NC:3:353 C85875

CATEGORY: CLASSIFICATION

Ms. Judith Lukacs
J-Mon, Inc.
4500 6th Ave.
Altoona, PA 16602

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

Dear Ms. Lukacs:

This is in reply to your letter dated March 23, 1998, requesting a classification and country of origin determination for scarves which will be imported into the United States.

FACTS:

The subject merchandise consists of a woven 100% rayon fabric. Four sample scarves were submitted with your request.

1- measures approximately 110 x 180 cm
2- measures approximately 80 x 80 cm
3- measures approximately 100 x 100 cm
4- measures approximately 55 x 55 cm

You also indicate that two other size scarves made of the same fabric (no samples were provided) will be imported, in sizes 95 x 95 cm and 110 x 110cm.

The manufacturing operations for the scarves is as follows: The fabric for the scarves is manufactured in India and imported into Hungary. In Hungary the fabric will be dyed, cut and sewn into scarves.

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the scarves will be 6214.40.0000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for "Shawls, scarves, mufflers, mantillas, veils and the like: Of artificial fibers. The rate of duty will be 6.4% ad valorem.

The scarves fall within textile category designation 659. 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.

COUNTRY OF ORIGIN - LAW AND ANALYSIS:

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.

As the fabric was woven in a single country, that is, India, as per the terms of the tariff shift requirement, country of origin is conferred in India.

HOLDING:

The country of origin of the scarves is India. Based upon international textile trade agreements products of India are subject to quota and the requirement of a visa.

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 Kenneth Reidlinger at 212-466-5881.

Sincerely,

Robert B. Swierupski
Director,

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