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NY F89546




August 15, 2000

CLA2-RR:NC:3:353 F89546

CATEGORY: CLASSIFICATION

Mr. Herbert J. Lynch
Sullivan & Lynch, P.C.
156 State Street
Boston, Massachusetts 02109-2508

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

Dear Mr. Lynch:

This is in reply to your letter dated July 14, 2000, on behalf of Susan Bristol Inc., requesting a classification and country of origin determination for a shawl, which will be imported into the United States. The sample submitted with the ruling request will be returned to you.

FACTS:

The subject merchandise consists of a Style 1053913 Ladies’ Shawl constructed of 100% woven polyester fabric. The triangle shaped shawl is lined, measures approximately 68x48x48 inches, is fringed on two sides and is embellished with needle stitch embroidery.

The manufacturing operations for the Style 1053913 Ladies’ Shawl are as follows:

Korea

The fabrics for the outer shell and lining are woven and dyed

China

The fabrics are cut to outer shell and lining size The outer shell is embroidered
The outer shell and lining are sewn together The fringe is added

ISSUE:

What are the classification, country of origin and proper country of origin marking of the subject merchandise?

CLASSIFICATION:

The applicable subheading for the Style 1053913 Ladies’ Shawl 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.

Style 1053913 Ladies’ Shawl falls 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.

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

COUNTRY OF ORIGIN MARKING

You also request a ruling on whether the proposed marking “Fabric Made in Korea Cut and Sewn in China” is an acceptable country of origin marking for the imported shawl. A marked sample was submitted for review. The marking is printed on a textile label that is sewn to the shawl.

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.

If Susan Bristol Inc. wishes to make reference on the shawl to a locality which is not its country of origin, the name of the foreign country of origin must be preceded by “Made in,” “Product of,” or words of similar meaning pursuant to 19 C.F.R. §134.46. In regard to the marking “Fabric Made in Korea Cut and Sewn in China,” we find that the requirements of 19 C.F.R. §134.46 are satisfied. Since the country of origin of the fabric will be preceded by “Made in,” and the marking will indicate to the ultimate purchaser the foreign origin of the article imported into the U.S., we find that the marking “Fabric Made in Korea Cut and Sewn in China” on the finished shawl will be an acceptable country of origin marking for the finished shawl under 19 U.S.C. §1304.

The proposed marking of the imported shawl, as described above, is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the imported shawl.

HOLDING:

The country of origin of the Style 1053913 Ladies’ Shawl is Korea. Based upon international textile trade agreements products of Korea 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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