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NY F85130




April 18, 2000

CLA2-RR:NC:TA:352 F85130

CATEGORY: CLASSIFICATION

Mr. Peter Weinrauch
Import Commodity Group Ltd.
131 East Merrick Road, 2nd Floor
Valley Stream, NY 11580

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

Dear Mr. Weinrauch:

This is in reply to your letter dated March 10, 2000, on behalf of your client Nipkow and Kobelt, Inc., requesting a classification and country of origin determination for 100% polyester chiffon plain woven fabric which will be imported into the United States. The samples are being returned as requested.

FACTS:

The subject merchandise, designated as style Confetti, consists of dyed plain woven fabric composed of 100% polyester filament yarns. This product will be imported in 98 centimeter widths and weighs less than 170 g/m2. The fabric has been covered with small plastic discs which have been glued to the fabric at intervals creating a pattern or design on one surface of the fabric. The plastic discs measure approximately 3.5 millimeters in diameter and are spaced approximately 5 millimeters from the adjoining discs on either side. Successive rows of these discs are offset from the adjoining rows creating a distinct pattern.

The manufacturing operations for the plain woven fabric are as follows:

The fabric is woven and dyed in Japan and then shipped to Korea. The woven fabric is decorated by having plastic discs glued onto one surface of the fabric in Korea.

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the plain woven fabric will be 5407.61.9925, 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 polyester filaments, containing 85 percent or more by weight of non-textured polyester filaments, other, other, dyed, weighing not more than 170 g/m2, flat fabrics. The rate of duty will be 15.7 percent ad valorem.

This fabric falls within textile category designation 619. 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.

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 fabric making process occurs in a single country, that is, Japan, as per the terms of the tariff shift and/or other requirements of paragraph (e), country of origin is conferred in Japan.

HOLDING:

The country of origin of the woven fabric is Japan. Based upon international textile trade agreements products of Japan 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 Alan Tytelman at 212-637-7092.

Sincerely,

Robert B. Swierupski
Director,

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