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NY G83255




October 25, 2000

CLA2-RR:NC:3:353 G83255

CATEGORY: CLASSIFICATION

Mr. Jarvis Chen
SuperCap Industrial Co., Ltd.
18F, Sec. 2, 216, Tun Hwa S. Rd.
Taipei, Taiwan

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

Dear Mr. Chen:

This is in reply to your letter dated October 9, 2000, requesting a classification and country of origin determination for a visor, which will be imported into the United States. You have received a country of origin determination involving situations 1 through 6 for this exact merchandise in rulings NY F84658, dated March 27, 2000, F89446, dated August 3, 2000, and G81473, dated September 28, 2000. You contemplate shifting the embroidering portion of your operation to China and request a country of origin determination for situation 7. No sample of the item was provided with the ruling request because it had been furnished for previous rulings.

FACTS:

The subject merchandise consists of a Visor, Style No. C118, composed of woven 100% cotton twill fabric with an adjustable strap at the back secured by a hook and loop fastener. The visor features a stretch panel with embroidered logo and a sweatband. Although you state that the fabric is laminated, it is not visible to the naked eye.

The manufacturing operations for the visor are as follows:

SITUATION 7

Taiwan

Weaving and dying of cotton fabric
Cutting fabric into stretch panel and peak components Sewing and of stretch panel components together and double stitching Sewing of peak components together
Assembly of stretch panel and peak together

China

Cutting fabric into sweatband and hook and loop fastener components Sewing of hook and loop fastener
Sewing of sweat band
Embroidering of logo
Assembly of sweatband, and hook and loop closure to stretch panel/peak into the finished visor Inspection, trimming and finishing
Packing

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the Visor, Style No. C118, will be 6505.90.2545, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for “Hats and other headgear, knitted or crocheted,or made up fromother textile fabric, in the piece (but not in strips), whether or not lined or trimmed: Other: Of cotton, flax or both: Not knitted: Other, Visors, and other headgear of cotton which provides no covering for the crown of the head.” The rate of duty will be 7.7% ad valorem.

The Visor, Style No. C118, falls within textile category designation 359. 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

(1) If the good consists of two or more components, a change to subheading 6505.90 from any other heading, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession.

Section 102.21(e) states that goods consisting of two or more components must be assembled in a single country. Accordingly, as the assembly does not take place in a single country, 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, for Situation 7, the sewing of stretch panel components together, the sewing of peak components together, and the assembly of stretch panel and peak components together constitutes the most important assembly processes. Accordingly, the country of origin of the visor is Taiwan.

HOLDING:

The country of origin of the Visor, Style No. C118, is Taiwan. Based upon international textile trade agreements products of Taiwan 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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