United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1999 NY Rulings > NY D88010 - NY D88064 > NY D88038

Previous Ruling Next Ruling


February 16, 1999

CLA?2-RR:NC:TA:351 D88038

CATEGORY: CLASSIFICATION

Mr. Ronald Osborne
Globus Mercantile Co., Inc.
10 East 40th Street, #3612
New York, NY 10016

RE: Country of origin determination for yarn; 19 CFR 102.21(c)(2)

Dear Mr. Osborne:

This is in reply to your fax received February 8, 1999, requesting a country of origin determination for polyester yarn which will be imported into the United States.

FACTS:

The subject merchandise consists of plied 100 percent polyester yarn.

The manufacturing operations for the yarn are as follows: Polyester staple fiber of heading 5503, Harmonized Tariff Schedule of the United States Annotated, (HTSUSA), will be spun in the Philippines into a single yarn. We assume that the fiber is from a foreign country other than the Philippines. The yarn will then be shipped to Indonesia, where it will be plied into a multiple yarn and put up on cones weighing in excess of 4 pounds each cone. In your fax you state that the classification of the plied yarn will be 5509.22.0090, HTSUSA.

ISSUE:

What is the country of origin of the subject merchandise?

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Section 334 of that Act (codified at 19 U.S.C. 3592) provides new rules of origin for textiles and apparel entered, or withdrawn from warehouse, for consumption, on and after July 1, 1996.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

5508-5511 A change to heading 5508 through 5511 from any heading outside that group, provided that the change is a result of a spinning process.

Section 102.21(e) states that the change must be from any heading outside of headings 5508 through 5511 and be the result of a spinning process. As the yarn is spun from fibers of heading 5503 to yarn of heading 5509, it meets the tariff shift requirements of Section 102.21(c)(2).

HOLDING:

The country of origin of the yarn is the Philippines. Based upon international textile trade agreements products of the Philippines 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 Camille Ferraro at 212-637-7086.

Sincerely,

Robert B. Swierupski
Director,

Previous Ruling Next Ruling

See also: