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NY E89900




December 14, 1999

CLA2-RR:NC:3:353 E89900

CATEGORY: CLASSIFICATION

Ms. Anne Fontenoy
2 Rozel Terrace, Church Road
Croydon, Surrey CR0 1SG
England

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

Dear Ms. Fontenoy:

This is in reply to your letter dated November 1, 1999, received in this office November 16, 1999, requesting a classification, country of origin marking and country of origin determination for a silk scarf which will be imported into the United States.

FACTS:

The subject merchandise consists of a woven 100% silk habutai fabric scarf that measures 34 inches square. The scarf features a gutta outline rose design and is hemmed and hand painted.

The manufacturing operations for the 100% silk habutai fabric scarf are as follows: The silk fabric is formed in China. It is shipped to England where it is cut to size, the hem is hand sewn, the scarf is hand painted and labels are affixed.

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the 100% silk habutai fabric scarf will be 6214.10.1000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for “Shawls, scarves, mufflers, mantillas, veils and the like: Of silk or silk waste: Containing 70 percent or more by weight of silk or silk waste.” The rate of duty will be 1.2% ad valorem for the years 1999 and 2000.

The 100% silk habutai fabric scarf is not subject to quota 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Section 334 of that Act (codified at 19 U.S.C. 3592) provides new rules of origin for textiles and apparel entered, or withdrawn from warehouse, for consumption, on and after July 1, 1996.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

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 is formed in a single country, that is, China, as per the terms of the tariff shift requirement, country of origin is conferred in China.

COUNTRY OF ORIGIN MARKING

You inquire whether the scarf can be marked “Designed in England of Fabric Made in China.”

Subsection 304(h) of the Tariff Act of 1930, as amended, which became effective June 25, 1999, excepts certain silk products from the country of origin marking requirements of subsections 304(a) and (b) of the Tariff Act of 1930, as amended. Customs Bulletin Vol. 33, No. 39, dated September 29, 1999 addressed this exemption and gives notice of the types of marking that are required by the Federal Trade Commission to comply with the Textile Fiber Products Identification Act. A synopsis of that bulletin is provided below.

Sections 304(a) and (b) of the Tariff Act of 1930, as amended (19 U.S.C. 1304(a) and (b)), require imported articles of foreign origin or their containers, unless excepted, to be marked in a manner that indicates to an ultimate purchaser in the United States the name of the country of origin of the article. On June 25, 1999, the President signed into law the “Miscellaneous Trade and Technical Corrections Act of 1999” (Pub.L. 106-36, 113 Stat. 127). Section 2423 of the Miscellaneous Trade and Technical Corrections Act of 1999 added a new subsection (h) to section 304 of the Tariff Act of 1930 to except certain silk products from the country of origin marking requirements of subsections (a) and (b).

Under 304(h), articles provided for in subheading 6214.10.10 of the Harmonized Tariff Schedule of the United States (HTSUS) as in effect on January 1, 1997, or containers of articles provided for, are excepted from the requirement to be marked to indicate to an ultimate purchaser in the United States that they are of foreign origin. Subheading 6214.10.10, HTSUS (1997), provided for: “Shawls, scarves, mufflers, mantillas, veils and the like: of silk or silk waste: Containing 70 percent or more by weight of silk or silk waste.”

Notwithstanding that articles provided for in subheading 6214.10.10 HTSUS (1997), are excepted from the foreign country of origin marking requirements of subsections 304(a) and (b), other laws enforced by Customs, including 15 U.S.C. 1125, prohibit importations of goods bearing false or misleading descriptions of fact. In addition, these articles are subject to the marking requirements of the Textile Fiber Products Identification Act, 15 U.S.C. 70, et seq., and the Federal Trade Commission’s (FTC) implementing rules (16 CFR Part 303) as administered by the FTC and enforced by the U.S. Customs Service with respect to imported articles. The general legal requirement is that textile products carry labels or tags to inform consumers of, among other things, the name of the country where such imported product was processed or manufactured as provided in 16 CFR 303.33.

Accordingly, in order to provide information to importers on how articles of subheading 6214.10.10, HTSUS, shall be labeled and to explain the meaning of these labels to consumers, the following guidance is provided:

Under the rules of origin for textile and apparel products codified at 19 U.S.C. 3592 and as implemented by 19 CFR 102.21, the country of origin of articles of subheading 6214.10.10, HTSUS, is the country where the fabric of the article was formed by a fabric–making process. Since the textile and apparel rules of origin are still applicable, the article may not be labeled “MADE IN (name of country)”, unless the designated country is the country of origin (where the fabric of the article was formed by a fabric–making process).

However, articles bearing the descriptive terms “CRAFTED IN (Country B)”, “CRAFTED BY (name of designer and printer) IN (Country B), “CREATED IN (Country B)”, or “CREATED BY (name of designer and printer) IN (Country B)”, will not be deemed to bear false or misleading descriptions of fact under 15 U.S.C. 1125, notwithstanding that the fabric–making process occurs in country A, provided (1) all cutting, sewing, and printing or dyeing operations, or (2) all dyeing, printing, and at least one finishing operation, such as those listed in 19 CFR 12.130(e)(1)(i), occur in Country B for articles of subheading 6214.10.10, HTSUS.

In addition to the foregoing, while the FTC’s Rules and Regulations under 16 CFR 303.33(a)(1) state that “[e]ach imported textile fiber product shall be labeled with the name of the country where such imported product was processed or manufactured”, the rules do not require that any particular words describe the processing or manufacturing operations, so long as the information given is accurate and not presented in a confusing manner. Accordingly, in addition to the terms “Crafted in” or “Created in” permitted above, where the fabric–making process takes place in country A, any of the following designations would also be acceptable for the silk products that are the subject of this notice, provided the information is truthful:

DESIGNED IN (Country B)
DYED AND PRINTED IN (Country B)
CUT AND SEWN IN (Country B)
FASHIONED IN (Country B)
(Name of designer and printer) of (Country B) DESIGNED AND PRINTED BY (name of designer) IN (Country B)

Section 2423 of the Miscellaneous Trade and Technical Corrections Act of 1999, which amended section 304 of the Tariff Act of 1930 by adding a new subsection (h), provides that articles classified in subheading 6214.10.10, HTSUS (1997), are excepted from the country of origin marking requirements of subsections 304(a) and (b). However, these articles are subject to the marking requirements of the Textile Fiber Products Identification Act, 15 U.S.C. 70, et seq. and 16 CFR Part 303, and may not bear any false descriptions under 15 U.S.C. 1125. Articles labeled in accordance with the guidance provided above will be considered to satisfy the labeling requirements of the Textile Fiber Products Identification Act, 15 U.S.C. 70, et seq. and 16 CFR Part 303, and will not be considered to bear any false descriptions.

Based on the above, the labeling of the item as “Designed in England of Fabric Made in China” is permissible.

HOLDING:

The country of origin of the woven 100% silk habutai fabric scarf is China. The scarf may be labeled “Designed in England of Fabric Made in China.”

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 section 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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