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NY G80575




September 13, 2000

CLA2-RR:NC:3:353 G80575

CATEGORY: CLASSIFICATION

Mr. Richard Barkowitz
Barwood Group
124 South Lancaster
Mt. Prospect, IL 60056

RE: Classification and country of origin determination for tie interlinings; 19 CFR 102.21(c)(4)

Dear Mr. Barkowitz:

This is in reply to your letter dated August 10, 2000, requesting a classification and country of origin determination for tie interlinings, which will be imported into the United States. You provided a sample of the tie interlining and the fabrics from which it is constructed.

FACTS:

The subject merchandise consists of Articles KT-102, KT-232, KT-283, KT-236-1 and KT-256-1 tie interlinings.

Article KT-102 is composed of woven 70% polyester/30% acrylic fabric. Article KT-232 is composed of woven 40% polyester/35% wool/25% acrylic fabric. Article KT-283 is composed of woven 85% wool/15% acrylic fabric. Article KT-236-1 is composed of woven 50% polyester/35% wool/15% acrylic fabric. Article KT-256-1 is composed of woven 50% wool/25% polyester/25% acrylic fabric.

The manufacturing operations for the tie interlinings are as follows:

Korea

Fabric is formed.

Canada

Fabric is cut to shape into single piece tie interlinings.

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the KT-102, KT-232, KT-236-1 and KT-256-1 tie interlinings will be 6217.90.9085, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for “Other made up clothing accessories; parts of garments or of clothing accessories, other than those of heading 6212: Parts: Other, Other: Of man-made fibers.” The rate of duty will be 15% ad valorem.

The applicable subheading for the KT-283 tie interlining will be 6217.90.9080, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for “Other made up clothing accessories; parts of garments or of clothing accessories, other than those of heading 6212: Parts: Other, Other: Of wool or fine animal hair.” The rate of duty will be 15% ad valorem.

Article KT-256-1 tie interlining is composed of 50% wool and 50% man-made fiber fabric. Therefore, even a slight change in the fiber content may result in a change of classification, as well as, quota and visa, requirements. The Article KT-256-1 tie interlining may be subject to U.S. Customs laboratory analysis at the time of import and if the fabric is other than a 50/50 blend it may be reclassified by Customs at that time.

The Articles KT-102, KT-232, KT-236-1 and KT-256-1 fall within textile category designation 659; Article KT-283 falls within textile category designation 459. 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

6215–6217 (2) If the good does not consist of two or more component parts, a change to heading 6215 through 6217 from any heading outside that group, except from heading 5007, 5111 through 5113, 5208 through 5212, 5309 through 5311, 5407 through 5408, 5512 through 5516, 5602 through 5603, 5801 through 5806, 5809 through 5811, 5903, 5906 through 5907, and 6217, and subheading 6307.90, and provided that the change is the result of a fabric-making process.

Section 102.21(e) excludes from the tariff shift items that do not consist of two or more component parts and are made of fabrics of 5111 through 5113, 5407 through 5408 and 5512 through 5516. Accordingly, for these single component part tie interlinings, 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.

As the subject merchandise is neither knit, nor wholly assembled in a single country, 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.”

In the case of the subject merchandise, the formation of the fabric constitutes the most important manufacturing process. Accordingly, the country of origin of the tie interlinings is Korea.

HOLDING:

The country of origin of the Articles KT-102, KT-232, KT-283, KT-236-1 and KT-256-1 tie interlinings 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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