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NY E89249




November 16, 1999

CLA2-RR:NC:3:353 E89249

CATEGORY: CLASSIFICATION

Mr. Yiouri Augousti
R&Y Augousti
194C Lutai Compound, Subangdaku
Mandaue City, Cibu
Philippines

RE: Classification and country of origin determination for a scarf and shawl; 19 CFR 102.21(c)(2); tariff shift

Dear Mr. Augousti:

This is in reply to your letter dated October 13, 1999, requesting a classification and country of origin determination for a scarf and shawl which will be imported into the United States. Additional information was furnished to this office on October 27, 1999. No samples were provided with the request.

FACTS:

The subject merchandise consists of a scarf and a shawl. In your original correspondence you stated that the scarf and shawl consisted of woven 70% cashmere/30% silk fabric. However, in further correspondence you state that the scarf and shawl are actually made of woven 70% pashmina/30% silk fabric. Pashmina is the fine animal hair of a goat. The scarf measures 18-25 inches in width and 70-85 inches in length, and the edges may be finished or carefully frayed. The shawl measures 42-50 inches in width and 72-78 inches in length , and the edges may be finished or carefully frayed. Both items are heavily embroidered.

You state that the manufacturing operations for the scarf and shawl are as follows:

Nepal:

The 70% pashmina/30% silk fabric is woven using a handloom technique. The fabric is then vegetable dyed.

Philippines:

The fabric is cut to size. Embroidery patterns are drawn on tracing paper and pierced with a needle. The tracing paper is placed on the fabric, a solution is applied to the paper to create an imprint on the fabric. The tracing paper is removed and the fabric is embroidered with rayon thread of Philippine origin. The embroidered scarf and shawl are steam pressed and dry cleaned if necessary. The goods are then packed and readied for shipment.

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the woven 70% pashmina/30% silk scarf and shawl will be 6214.20.0000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for “Shawls, scarves, mufflers, mantillas, veils and the like: Of wool or fine animal hair.” The rate of duty will be 6.7% ad valorem.

The woven 70% pashmina/30% silk scarf and shawl fall within textile category designation 459. The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.USTREAS.GOV. In addition, 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 and should also be verified at the time of shipment.

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

6213–6214 The country of origin of a good classifiable under heading 6213 through 6214 is the country, territory, or insular possession in which the fabric comprising the good was formed by a fabric-making process.

As the fabric was formed in a single country, that is, Nepal, as per the terms of the tariff shift requirement, country of origin is conferred in Nepal.

HOLDING:

The country of origin of the woven 70% pashmina/30% silk scarf and shawl is Nepal. There are no quota restrictions or visa requirements on this merchandise.

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 212-637-7084.

Sincerely,

Robert B. Swierupski
Director,

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