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NY D83232




October 22, 1998

CLA-2-RR:NC:TA:349 D83232

CATEGORY: CLASSIFICATION

Mr. Michael Pipitone
John F. Kilroy Co., Inc.
JFK International Airport
Cargo Bldg. 80, Suite 227
Jamaica, NY 11430-1718

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

Dear Mr. Pipitone:

This is in reply to your letter dated September 24, 1998, on behalf of Editex Home Curtain Corp., requesting a classification and country of origin determination for curtain panels which will be imported into the United States.

FACTS:

The subject merchandise consists of finished curtain panels. You have submitted a sample of an appliqued and embroidered curtain panel made from synthetic fibers in a plain voile construction. Other versions of the curtains will not contain applique work. The curtains will be imported in various sizes and the top edge will be finished with a hem that contains a rod pocket. For the purpose of this ruling, it is assumed that the imported curtains will not be made from polyester single yarns measuring between 75 and 80 decitex, having 24 filaments per yarn and with a twist of over 900 turns per meter. The manufacturing operations for the curtain panels are as follows:

TURKEY:
-fabric is woven.
-fabric is shipped to China

CHINA:
-fabric is appliqued and embroidered.
-appliqued and embroidered fabric is cut into panels. -panels are hemmed, finished and packaged.

You have noted that the polyester satin fabric used to make the appliques may be woven in Turkey or a third country. The appliques will not weigh more than seven percent of the total weight of the curtain panels.

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the curtain panels will be 6303.92.2000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for curtains (including drapes) and interior blinds; curtain or bed valances: other: of synthetic fibers: other. The rate of duty will be 12.2 percent ad valorem.

The curtain panels fall 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.

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 curtain panels are classified in heading 6303, HTSUSA. As you have stated that the weight of the appliques is not more than 7 percent of the total weight of the finished curtain panel, the satin applique fabric is disregarded when determining country of origin. Accordingly, the merchandise complies with the tariff shift requirement for heading 6303, 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, Turkey.

HOLDING:

The subject curtain panels are classified in subheading 6303.92.2000, HTSUSA, which provides for curtains (including drapes) and interior blinds, of synthetic fibers.

The country of origin of the curtain panels is Turkey. Based upon international textile trade agreements products of Turkey classified in the above subheading are not subject to quota and do not require 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 section 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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