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March 23, 1999

CLA?2-RR:NC:TA:351 D89307

CATEGORY: CLASSIFICATION

Mr. Mike Leahy
A.N. Deringer, Inc.
173 W. Service Road
Champlain, NY 12919

RE: Classification and country of origin determination for polyester balls; 19 CFR 102.21(c)(2); tariff shift

Dear Mr. Leahy:

This is in reply to your letter dated March 16, 1999, requesting a classification and country of origin determination for polyester balls which will be imported into the United States.

FACTS:

The subject merchandise consists of polyester staple fibers which have been processed into small balls of polyester fiber. Samples were submitted.

The manufacturing operations for the balls are as follows: staple fibers are manufactured in various countries. These fibers are shipped to Belgium where they are processed into small balls of polyester fiber. The fibers are not segregated by country of origin, so that each ball may contain fiber from various countries. These balls, although varying in size, all appear to measure under 5 mm in diameter. They are intended to be used as a stuffing material for upholstery and pillows.

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the polyester balls will be 5601.30.0000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for textile flock and dust and mill neps. The rate of duty will be 2.4 percent ad valorem.

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Section 334 of that Act (codified at 19 U.S.C. 3592) provides new rules of origin for textiles and apparel entered, or withdrawn from warehouse, for consumption, on and after July 1, 1996.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

5601 A change to flock, textile dust, mill neps, or articles of wadding, of heading 5601 from any other heading or from wadding of heading 5601.

As the fiber is changed to flock or mill neps in a single country, that is, in Belgium, as per the terms of the tariff shift requirement, country of origin is conferred in Belgium.

HOLDING:

The country of origin of the polyester balls is Belgium.

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,

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