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NY F82623




February 16, 2000

CLA2-RR:NC:3:353 F82623

CATEGORY: CLASSIFICATION

Mr. Karl F. Krueger
AEI Customs Brokerage Services
29200 Northwestern Hwy.
Southfield, MI 48034-1068

RE: Classification and country of origin determination for scarves; 19 CFR 102.21(c)(2) and (c)(4); tariff shift

Dear Mr. Krueger:

This is in reply to your letter dated January 25, 2000, on behalf of 1287454 Ontario Ltd., requesting a classification and country of origin determination for scarves, which will be imported into the United States. The samples submitted with the ruling request will be returned to you. Your request regarding knit and woven beach wraps, will be answered in separate ruling letters.

FACTS:

The subject merchandise consists of a 72 series fringed scarf and a 20 series necklet. The 72 series fringed scarf is constructed of woven 100% polyester fabric with a 100% rayon fringe. The scarf is rectangular in shape and measures approximately 61 inches long, including fringe, and 9½ inches wide. The 20 series necklet is constructed of woven 100% polyester printed fabric and is lined with woven 100% polyester solid color fabric. The item is scarf like, roughly triangular in shape, and measures approximately14x9x9 inches. The necklet is pleated at the long ends and attached to a chain with a clasp. The item is worn around the neck.

The manufacturing operations for the 72 series fringed scarf and a 20 series necklet are as follows:

72 Series Fringed Scarf

 Fabric is formed in Indonesia
 Fringe is formed in the United States In Canada:
 Fabric is cut and serged
 Fringe is sewn on

20 Series Necklet

 Fabric is formed in Indonesia
 Chain is made in South Korea
In Canada:
 Printed front and solid lining are cut and the right sides are sewn together  Item is turned right side out and steam pressed  Edges are pleated to form folds and sewn together  Fabric is folded again and inserted into the chain’s clamps  Chain is attached

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the 72 series fringed scarf and a 20 series necklet will be 6214.30.0000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for “Shawls, scarves, mufflers, mantillas, veils and the like: Of synthetic fibers.” The rate of duty will be 5.3% ad valorem.

The 72 series fringed scarf and a 20 series necklet fall within textile category designation 659. 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.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.

Regarding the 20 series necklet, 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, Indonesia, as per the terms of the tariff shift requirement, country of origin for the 20 series necklet is conferred in Indonesia.

Regarding the 72 series fringed scarf, 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 subject fringed scarf is comprised of fabric formed in two counties, the material does not meet the requirements of Section 102.21(e). Thus, Section 102.21(c)(2) is inapplicable.

Section 102.21(c)(3) states that, “Where the country of origin of a textile or apparel product cannot be determined under paragraph (c)(1) or (2) of this section:”

(i) If the good was knit to shape, the country of origin of the good is the single country, territory, or insular possession in which the good was knit; or

(ii) Except for goods of heading 5609, 5807, 5811, 6213, 6214, 6301 through 6306, and 6308, and subheadings 6209.20.5040, 6307.10, 6307.90, and 9404.90, if the good was not knit to shape and the good was wholly assembled in a single country, territory, or insular possession, the country of origin of the good is the country, territory, or insular possession in which the good was wholly assembled.

The merchandise is not knit to shape. It is not considered wholly assembled because Section 102.21(a)(6) states in part, “The term ‘wholly assembled’ when used with reference to a good means that all components, of which there must be at least two, preexisted in essentially the same condition as found in the finished good and were combined to form the finished good in a single country, territory, or insular possession. Minor attachments and minor embellishments (for example, appliques, beads, spangles, embroidery, buttons) not appreciably affecting the identity of the good, and minor subassemblies (for example, collars, cuffs, plackets, pockets), will not affect the status of a good as ‘wholly assembled’ in a single country, territory, or insular possession” (emphasis added). The fringe is considered a minor attachment or embellishment. In addition, merchandise classified under 6214 is excepted from consideration under Section 102.21(c)(3). Thus, Section 102.21(c)(3) is inapplicable.

Section 102.21(c)(4) states, “Where the country of origin of a textile or apparel product cannot be determined under paragraph (c)(1), (2) or (3) of this section, the country of origin of the good is the single country, territory or insular possession in which the most important assembly or manufacturing process occurred.” As the sewing of the fringe is considered a minor subassembly, the forming of the fabric that makes the scarf, that is Indonesia, is the most important process in the production of the scarf. Accordingly the country of origin of the scarf is Indonesia.

HOLDING:

The country of origin of the 72 series fringed scarf and a 20 series necklet is Indonesia. Based upon international textile trade agreements products of Indonesia are subject to quota and the requirement of a visa.

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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