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NY E89963




December 15, 1999

CLA2-RR:NC:3:353 E89963

CATEGORY: CLASSIFICATION

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

RE: Classification and country of origin determination for silk scarves; 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 18, 1999, requesting a classification, country of origin marking and country of origin determination for silk scarves which will be imported into the United States. Sample swatches of fabric were supplied with the ruling request.

FACTS:

The subject merchandise consists of 2 types of scarves: a woven 100% silk crepe back satin fabric scarf that measures 22 inches square, and features a hand sewn hem and is hand painted in a formal style; and a woven 100% silk crepe de chine fabric scarf that measures 22 inches square, and features a hand sewn hem and is hand painted in a formal style.

The manufacturing operations for all the woven 100% silk scarves 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:

Chapter 62, Note 7 states “Scarves and articles of the scarf type, square or approximately square, of which no side exceeds 60 centimeters, are to be classified as handkerchiefs (heading 6213).” The sides of these scarves measure approximately 56 centimeters.

The applicable subheading for the woven 100% silk fabric scarves will be 6213.10.1000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for “Handkerchiefs: Of silk or silk waste: Containing 70 percent or more by weight of silk or silk waste.” The rate of duty will be 4.3% ad valorem for the year 1999 and 3.7% for the year 2000.

The woven 100% silk fabric scarves, classified as handkerchiefs, are 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Section 334 of that Act (codified at 19 U.S.C. 3592) provides new rules of origin for textiles and apparel entered, or withdrawn from warehouse, for consumption, on and after July 1, 1996.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 scarves 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. Under 304(h), articles provided for in subheading 6214.10.10 of the Harmonized Tariff Schedule of the United States (HTSUS), are excepted from the requirement to be marked to indicate to an ultimate purchaser in the United States that they are of foreign origin. Since Chapter 62, Note 7, directs classification of this merchandise under heading 6213, the items are not exempt from marking requirements.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.

The proposed marking “Designed in England of Fabric Made in China” is not consistent with the country of origin marking requirements in Part 134, Customs Regulations. Acceptable markings are “Made in China, Designed in England”, “Manufactured in China”, “Made in China” or “Product of China”.

It should be noted that textile fiber products imported into the U.S. must be labeled in accordance with the Textile Fiber Products Identification Act (15 U.S.C. 70 through 70k) and the rules promulgated thereunder by the Federal Trade Commission. Questions concerning fiber content labeling requirements are covered under the Textile Fiber Products Identification Act. Therefore, we suggest that you contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C. 20508, as to label marking requirements.

HOLDING:

The country of origin of the woven 100% silk fabric scarves is 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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