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NY D83270




October 20, 1998

CLA-2-RR:NC:3:353 D83270

CATEGORY: CLASSIFICATION

Ms. Michelle Hall
Federated Merchandising Group
1440 Broadway
New York, NY 10018

RE: Classification and country of origin determination for a plaited hat; 19 CFR 102.21(c)(4).

Dear Ms. Hall:

This is in reply to your letter dated October 7, 1998, requesting a classification and country of origin determination for a plaited hat which will be imported into the United States. Samples were provided and are being returned as requested.

FACTS:

The subject merchandise consists of a style S992603332 Ladies 100% Toquilla Plant Plaited Hat. The item is made of plaited toquilla palm, blocked to shape with a satin inner headband, satin trim on the brim and a small bunch of artificial flowers at the front.

The manufacturing operations for style S992603332, Ladies 100% Toquilla Plant Plaited Hat are as follows:

The hat body is plaited in China. The unfinished hat is sent to Italy where it is blocked to shape and the satin headband, trim and artificial flowers are added.

ISSUE:

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

CLASSIFICATION:

The applicable subheading for style S992603332, Ladies 100% Toquilla Plant Plaited Hat will be 6504.00.6000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for "Hats and other headgear, plaited or made by assembling strips of any material, whether or not lined or trimmed: Of vegetable fibers, of unspun fibrous vegetable materials, of paper yarn or of any combination thereof: Not sewed." The rate of duty will be 98.8 cents per dozen plus 4.8% ad valorem.

Style S992603332 Ladies 100% Toquilla Plant Plaited Hat is not subject to quota restraints or the requirement of a visa.

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Section 334 of that Act (codified at 19 U.S.C. 3592) provides new rules of origin for textiles and apparel entered, or withdrawn from warehouse, for consumption, on and after July 1, 1996.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

6504 (2) If the good does not consist of two or more components, a change to heading 6504 from any other heading, except from heading 5007, 5111 through 5113, 5208 through 5212, 5407 through 5408, 5512 through 5516, 5602 through 5603, 5608, 5801 through 5804, 5806, 5808 through 5810, 5903, 5906 through 5907, and 6001 through 6002, and provided that the change is the result of a fabric-making process.

Although the change comes from non-excluded chapter 53, Section 102.21(e) states that the change must be the result of a fabric making process. Accordingly, as the change to heading 6504 does not result from a fabric making process, 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.

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 the case of the subject merchandise, the blocking of the hat to provide form and shape constitutes the most important assembly or manufacturing process. Accordingly, the country of origin of style S992603332, Ladies 100% Toquilla Plant Plaited Hat is Italy.

HOLDING:

The country of origin of style S992603332, Ladies 100% Toquilla Plant Plaited Hat is Italy.

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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