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July 15, 1999

CLA?2-RR:NC:TA:352 E84003

CATEGORY: CLASSIFICATION

Mrs. Ellyn Seymour
Toray Textiles Europe Ltd.
Leonard Street
Bulwell, Nottingham, England

RE: Classification and country of origin determination for two 100% filament polyester woven fabrics; 19 CFR 102.21(c)(2); tariff shift

Dear Mrs. Seymour:

This is in reply to your letter dated June 21, 1999, requesting a classification and country of origin determination for two polyester woven fabric which will be imported into the United States.

FACTS:

Two samples, identified as style Prada # 2401 and style Portia #2913, accompanied your request for a ruling. Style Prada is a crepe woven dyed fabric composed of 100% textured filament polyester. It contains 52 yarns per centimeter in the warp and 27 yarns per centimeter in the filling. This fabric is constructed using 165 denier filament yarns in both the warp and filling. Weighing 186 g/m2, this product will be imported in 152 centimeter widths.

Style Portia is a satin woven fabric which has been dyed white and is composed of 100% textured filament polyester. It contains 103 single yarns per centimeter in the warp and 43 single yarns per centimeter in the filling. It is constructed using 50 denier filament yarns in the warp and 75 denier filament yarns in the filling. Weighing 96 g/m2, this fabric will be imported in 149 centimeter widths.

The manufacturing operations for the two fabrics are as follows:

Style Prada: Both the warp yarns and the filling yarns are extruded in Japan. The fabric is woven in Japan and then exported to the United Kingdom where the fabric will be dyed and finished.

Style Portia: The warp yarns are extruded in Thailand and the filling yarns are extruded in Japan. Both sets of yarns are shipped to the United Kingdom where the yarns are woven into a fabric. This fabric is then dyed white and finished in the United Kingdom.

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the fabric designated as Style Prada #2401 will be 5407.52.2060, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404, other woven fabrics, containing 85 percent or more by weight of textured polyester filaments, dyed, other, weighing more than 170 g/m2. The rate of duty will be 16 percent ad valorem.

Style Prada falls within textile category designation 620. 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.

The applicable subheading for the fabric designated as Style Portia #2913 will be 5407.51.0020, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404, other woven fabrics, containing 85 percent or more by weight of textured polyester filaments, unbleached or bleached, weighing not more than 170 g/m2, flat fabrics. The rate of duty will be 16 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

5407-5408 A change to heading 5407 through 5408 from any heading outside that group, provided that the change is the result of a fabric-making process.

As the woven fabric designated as Style Prada was made by a fabric-making process in a single country, that is, Japan, as per the terms of the tariff shift requirement, country of origin is conferred in Japan.

As the woven fabric designated as Style Portia was made by a fabric-making process in a single country, that is, the United Kingdom, as per the terms of the tariff shift requirement, country of origin is conferred in the United Kingdom.

HOLDING:

The country of origin of the woven fabric designated as style Prada is Japan. Based upon international textile trade agreements products of Japan are subject visa requirements.

The country of origin of the woven fabric designated as style Portia is the United Kingdom. At this time products of the United Kingdom are not subject to either quota or visa requirements.

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 Alan Tytelman at 212-637-7092.

Sincerely,

Robert B. Swierupski
Director,

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