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NY H81561




June 7, 2001

CLA2-RR:NC:TA:351 H81561

CATEGORY: CLASSIFICATION

Sherri Desjardins
Emery Worldwide
1555 W. 23 St.
Dallas, TX 75261

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

Dear Ms. Desjardins:

This is in reply to your letter dated May 22, 2001, on behalf of your client, Gerber Childrenswear, requesting a classification and country of origin determination for a “security blanket,” style numbers 30360, 30361, 30346, and 30347, which will be imported into the United States. Only one sample was submitted and it was labeled with all four style numbers. The sample will be returned as requested.

FACTS:

The subject merchandise will consist of a 12” square of either 100% cotton interlock or 100% cotton terry on one surface with a 100% polyester satin backing. The edges are finished with 100% cotton binding. Sewn to the center of the satin side is a stuffed terrycloth animal head; your letter states that actual production items will have the stuffed animal head on the reverse side. There will be five different heads used, all between 1½” and 2” tall. The item will be imported together with an infant’s “sleep and Play” garment, which is a one-piece garment with long sleeves and long legs enclosing the feet. This garment is not the subject of this ruling request and will not be ruled on.

The manufacturing operations for the security blanket are as follows: The cotton fabrics and the polyester fabric will be formed in China. The fabric will be cut and sewn into the finished product in Hong Kong.

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the “security Blanket” will be 6307.90.9989, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other made-up textile articles, other. The rate of duty will be seven percent ad valorem.

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Section 334 of that Act (codified at 19 U.S.C. 3592) provides new rules of origin for textiles and apparel entered, or withdrawn from warehouse, for consumption, on and after July 1, 1996.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

6307.90 The country of origin of a good classifiable under 6307.90 is the country, territory or insular possession in which the fabric comprising the good was formed by a fabric-making process.

As the fabric that comprises this good was formed in a single country, that is, China, as per the terms of the tariff shift or other requirement, country of origin is conferred in China.

HOLDING:

The country of origin of the security blanket is China.

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.

Your letter also asks about the country of origin marking required on this item. 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. If your client plans to import the security blanket and garment packaged together, please be advised that country of origin marking requirements will be met provided the packaging in which the items are imported is marked at the time of importation, and packaging in which the items will be sold at retail will be marked so that the final purchaser may know the country of origin of each of the items in the package.

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 Mitchel Bayer at 212-637-7086.

Sincerely,

Robert B. Swierupski
Director,

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