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NY D82621




October 15, 1998

CLA-2-RR:NC:TA:349 D82621

CATEGORY: CLASSIFICATION

Ms. Carolyn Goding
International Automated Brokers, Inc.
P.O. Box 437850
San Ysidro, CA 92143

RE: Classification and country of origin determination for knit blankets; 19 CFR 102.21(c)(2); tariff shift; De Minimis

Dear Ms. Goding:

This is in reply to your letter dated September 10, 1998, received by this office on September 21, 1998, on behalf of KCR, Inc., requesting a classification and country of origin determination for knit blankets which will be imported into the United States.

FACTS:

The subject merchandise consists of blankets. The screen printed blankets will be made from 100 percent acrylic knit fabric. The submitted sample measures 110 x 140 centimeters and other blankets will be imported in 100 x 120, 160 x 220, 200 x 240 and 220 x 240 centimeter sizes. The corners are slightly rounded and the edges are finished with a strip of knit binding fabric. The manufacturing operations for the blankets are as follows:

KOREA:
-The acrylic blanket fabric is knit.
-The knit fabric is screen printed and exported to Mexico.

MEXICO:
-The blanket fabric is napped and sheared several times.
-The blanket fabric is cut to size.
-The binding fabric is knit.
-The edges of the blankets are finished with the binding fabric.
-The blankets are labeled and packed.

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the blankets will be 6301.40.0020, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for blankets and traveling rugs: blankets (other than electric blankets) and traveling rugs, of synthetic fibers... other. The rate of duty will be 11.2 percent ad valorem. The blanket falls within textile category designation 666.

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:

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

6301-6306 The country of origin of a good classifiable under heading 6301 through 6306 is the country, territory, or insular possession in which the fabric comprising the good was formed by a fabric- making process.

A fabric-making process is defined in paragraph (b)(2) of Section 102.21 as any manufacturing operation that begins with polymers, fibers, filaments, yarns, twine, cordage, rope or fabric strips and results in a textile fabric.

General Rule (c) of Section 102.21 states that "Subject to paragraph (d) of this section, the country of origin of a textile or apparel product shall be determined by sequential application of paragraphs (c)(1) through (5) of this section and, in each case where appropriate to the specific context, by application of the additional requirements or conditions of ??102.12 through 102.19 of this part." Section 102.13, which sets out the De Minimis rule states, in relevant part:

(c) Foreign components or materials that do not undergo the applicable change in tariff classification set out in ?102.21 or satisfy the other applicable requirements of that section when incorporated into a textile or apparel product covered by that section shall be disregarded in determining the country of origin of the good if the total weight of those components or materials is not more than 7 percent of the total weight of the good.

The subject blankets are classified in heading 6301, HTSUSA. As you have stated that the weight of the strips of knit binding fabric is not more than 7 percent of the total weight of the finished blanket, the binding fabric is disregarded when determining country of origin. Accordingly, the merchandise complies with the tariff shift requirement for heading 6301, HTSUSA. The country of origin of the subject merchandise is thus, the single country where the fabric comprising the good was formed by a fabric-making process, that is, Korea.

HOLDING:

The subject blankets are classified in subheading 6301.40.0020, HTSUSA, which provides for other synthetic fiber blankets. The country of origin of the blankets is Korea. Based upon international textile trade agreements products of Korea which fall within textile category designation 666 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 John Hansen at 212-466-5854.

Sincerely,

Robert B. Swierupski
Director,

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