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NY H81451




June 18, 2001

CLA2-RR:NC:3:353 H81451

CATEGORY: CLASSIFICATION

Ms. Jill M. Hutt
Cityscape Designs
17 Durboraw Road
Wilmington, DE 19810

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

Dear Ms. Hutt:

This is in reply to your letter dated May 17, 2001, received in this office on May 30, 2001, requesting a classification and country of origin determination for scarves and ties which will be imported into the United States. The samples will be returned to you.

FACTS:

The subject merchandise consists of Hand-painted scarves and ties and Printed scarves and ties. The one-piece scarves are constructed of woven 100% silk fabric, feature finished edges, and are either hand-painted or printed. They measure approximately 51x14 inches or 35½ x35½ inches. The ties are constructed of an outer shell of woven 100% silk fabric, 100% cotton interlining, and are either hand-painted or printed. Although you were able to provide the weight of the outer shell, you were unable to provide the weight of the cotton interlining.

The manufacturing operations for the scarves and ties are as follows:

Hand-painted scarves:

Fabric is formed in China
Fabric is dyed in China
Cut to size and edges sewn in China
Hand-painted in the Czech Republic
Washed and ironed in the Czech Republic

Printed scarves:

Fabric is formed in China
Fabric is dyed in China
Cut to size and edges sewn in the Czech Republic Printed in the Czech Republic
Washed and ironed in the Czech Republic

Hand-painted ties:

Fabric is formed in China
Fabric is dyed in China
Outer shell and interlining are cut to shape, sewn and assembled in China Hand-painted in the Czech Republic
Washed and ironed in the Czech Republic

Printed ties:

Fabric is formed in China
Fabric is dyed in China
Outer shell and interlining are cut to shape, sewn and assembled in the Czech Republic Printed in the Czech Republic
Washed and ironed in the Czech Republic

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the Hand-painted and Printed scarves will be 6214.10.1000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for “Shawls, scarves, mufflers, mantillas, veils and the like: Of silk or silk waste: Containing 70 percent or more by weight of silk or silk waste.” The rate of duty will be 1.2% ad valorem. There is no textile category designation.

The applicable subheading for the Hand-painted and Printed ties, 50% by weight or more of textile materials other than silk, will be 6215.10.0025, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for “Ties, bow ties and cravats: Of silk or silk waste, Containing 50 percent or more by weight (including any linings and interlinings) of textile materials other than silk or silk waste.” The rate of duty will be 7.4% ad valorem. The textile category designation is 659.

The applicable subheading for the Hand-painted and Printed ties, less than 50% by weight of textile materials other than silk, will be 6215.10.0040, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for “Ties, bow ties and cravats: Of silk or silk waste, Containing less than 50 percent by weight (including any linings and interlinings) of textile materials other than silk or silk waste: With outer shell containing 70 percent or more by weight of silk or silk waste.” The rate of duty will be 7.4% ad valorem. The textile category designation is 758.

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.

Regarding the Hand-painted and Printed scarves, 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 Except for goods of heading 6213 through 6214 provided for in paragraph (e)(2) of this section, 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.

Paragraph (e)(2) states “For goods of headings 6213 and 6214 and subheadings 6117.10, 6302.22, 6302.29, 6302.52, 6302.53, 6302.59, 6302.92, 6302.93, 6302.99, 6303.92, 6303.99, 6304.19, 6304.93, 6304.99, 9404.90.85 and 9404.90.95, except for goods classified under those headings or subheadings as of cotton or of wool or consisting of fiber blends containing 16 percent or more by weight of cotton: the country of origin is:

(i) The country of origin of the good is the country, territory, or insular possession in which the fabric comprising the good was both dyed and printed when accompanied by two or more of the following finishing operations: bleaching, shrinking, fulling, napping, decating, permanent stiffening, weighting, permanent embossing, or moireing.”

As the dying and painting or printing is performed in different countries, paragraph (e)(2) does not apply. As the fabric is formed in a single country, that is, China, as per the terms of the tariff shift requirement, country of origin is conferred in China.

Regarding the Hand-painted and Printed ties, 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 (1) If the good consists of two or more component parts, a change to an assembled good of heading 6215 through 6217 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 Hand-painted ties are assembled in a single country, that is, China, as per the terms of the tariff shift requirement, country of origin is conferred in China. As the printed ties are assembled in a single country, that is, the Czech Republic, as per the terms of the tariff shift requirement, country of origin is conferred in the Czech Republic.

HOLDING:

The country of origin of the Hand-painted and Printed scarves and the Hand-painted ties is China. The country of origin of the Printed ties is the Czech Republic.

Based upon international textile trade agreements products of China with textile category designation 659 are subject to quota and the requirement of a visa; products of China with textile category designation 758 are not subject to quota or the requirements of a visa. Products of the Czech Republic are not subject to quota or 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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