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NY G81091




August 18, 2000

CLA2-RR:NC:3:353 G81091

CATEGORY: CLASSIFICATION

Mr. Tim Sheldon
Talbots
175 Beal St.
Hingham, MA 02043

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

Dear Mr. Sheldon:

This is in reply to your letter dated August 16, 2000, requesting a classification and country of origin determination for a headband, which will be imported into the United States.

FACTS:

The subject merchandise consists of style #05143054 headband composed of knit 75% cotton/ 25% polyester fabric on the outside with tunneled elastic band sewn on the inside. The item is approximately ¾” wide with a bow at the center..

The manufacturing operations for the style #05143054 headband are as follows:

China

Fabric for the headband is formed

Macau

Fabric for headband and elastic is cut
Headband and elastic are sewn
Bow is attached
Item is packaged

ISSUE:

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

CLASSIFICATION:

The classification of the style #05143054 headband was previously ruled on in ruling NY G80104 as 6117.80.8500 with a 15% ad valorem duty and no quota restrictions or visa requirements.

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Section 334 of that Act (codified at 19 U.S.C. 3592) provides new rules of origin for textiles and apparel entered, or withdrawn from warehouse, for consumption, on and after July 1, 1996.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

6101–6117 (1) If the good is not knit to shape and consists of two or more component parts, a change to an assembled good of heading 6101 through 6117 from unassembled components, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession.

As the headband was assembled in a single country, that is, Macau, as per the terms of the tariff shift requirement, country of origin is conferred in Macau.

HOLDING:

The country of origin of the style #05143054 headband is Macau.

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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