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NY D80963




August 19, 1998

CLA-2-RR:NC:TA:351 D80963

CATEGORY: CLASSIFICATION

Mr. Ecar Fong
Lineapiu Group Asia (HK), Ltd.
Unit 812-813 Tower 1
Cheung Sha Wan Plaza
833 Cheung Sha Wan Road
Lai Chi Kok, Hong Kong

RE: Country of origin determination for yarn dyed in China from yarn spun in Italy.

Dear Mr. Fong:

This is in reply to your letter dated August 7, 1998, requesting a country of origin determination for wool yarn dyed in China from yarn spun in Italy. No sample was submitted.

In your letter you state that raw yarn is produced in Italy. You state that the HS tariff code of said yarn is 5107.10.0000. That classification number provides for yarn of combed wool, not put up for retail sale, containing 85 percent or more by weight of wool. For purposes of this letter, we will assume that your statements are correct, and that by "produced in Italy" you mean that the wool was spun into yarn in Italy. You state that the wool yarn is then shipped to China where it is dyed and then exported to the United States. You ask which country of quota control for export to the USA will govern the dyed yarn. In essence you are asking what is the country of origin of the yarn.

The statutory language of 19 U.S.C. 1334 (b)(1)(B) states:

"(b) Principals. -

(1) IN GENERAL. - Except as otherwise provided for by statute, a textile or apparel product, for purposes of the customs law and the administration of quantitative restrictions, originates in a country, territory or insular possession, and is the growth, product, or manufacture of that country, territory, or insular possession, if -

...(B) the product is a yarn, thread, twine, cordage, rope, cable or braiding and - ...(i) the constituent staple fibers are spun in that country, territory, or possession..."

As the yarn was spun in Italy, the country of origin of the dyed yarn is Italy.

As a product of Italy, the wool yarn is not subject to quota nor the requirement of a visa.

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

A copy of this ruling, or its control number as 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 Camille Ferraro at 212-466-5885.

Sincerely,

Robert B. Swierupski
Director

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