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NY H88759




February 22, 2002

CLA2-RR:NC:N3:351 H88759

CATEGORY: CLASSIFICATION

Ted Conlon
Four Star Int’l
229 East Main Street, Suite 201
Milford, MA 01757

RE: Classification and country of origin determination for an organza tray with a metal frame; 19 CFR 102.21(c)(1) and (c)(2); tariff shift

Dear Mr. Conlon:

This is in reply to your letter dated February 18, 2002, requesting a classification for an organza tray with a metal frame which will be imported into the United States. While you did not specifically inquire about country of origin, the nature of your inquiry requires that we make such a determination.

FACTS:

The subject merchandise consists of woven nylon fabric covering a metal frame, forming a tray approximately 12¾” x 9” x 2” deep. There are four compartments.

The manufacturing operations for the tray are as follows: the fabric is made in Taiwan and the tray is assembled in China. You also state that the same item may be made using fabric that would be produced in China.

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the tray will be 6307.90.9889, Harmonized Tariff Schedule of the United States Annotated (HTS), which provides for other made up textile articles, other. The rate of duty will be seven percent ad valorem. There are no visa requirements or quota restrictions on merchandise classified in subheading 6307.90.9889, HTS.

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Section 334 of that Act (codified at 19 U.S.C. 3592) provides new rules of origin for textiles and apparel entered, or withdrawn from warehouse, for consumption, on and after July 1, 1996.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, in which the fabric is produced in Taiwan, is not wholly obtained or produced in a single country, territory or insular possession, paragraph (c)(1) of Section 102.21 is inapplicable. However, in the scenario in which the fabric is produced in China, paragraph (c)(1) would apply and the country of origin would be China. For the instant merchandise, in which the fabric is produced in Taiwan, we must continue on to paragraph (c)(2).

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 was produced in a single country, that is, Taiwan, as per the terms of the tariff shift requirement, country of origin is conferred in Taiwan.

HOLDING:

The country of origin of the tray before us is Taiwan. However, in the event that the fabric is produced in China, the country of origin of the tray will be China. In neither case is there a visa requirement or quota restriction.

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 Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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