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NY I81934




June 4, 2002

CLA2-RR:NC:3:353 I81934

CATEGORY: CLASSIFICATION

Mr. Lynden Davis
Exel Global Logistics Inc.
248-06 Rockaway Blvd.
Jamaica, NY 11422

RE: Classification and country of origin determination for reversible scarves; 19 CFR 102.21(c)(5)

Dear Mr. Davis:

This is in reply to your letter dated May 16, 2002, on behalf of Depeche Mode Co., requesting a classification and country of origin determination for shawls that will be imported into the United States. The samples will be returned, as you requested.

FACTS:

The subject merchandise is Style/Item Numbers 75756 and 75785 Scarves. Both the Red Color Scarf Style/Item # 75756 and Black Color Scarf Style/Item # 75785 are constructed of woven 100% silk fabric on one side and woven 100% polyester fabric on the other side. The scarves are reversible and measure approximately 74 inches long and 17 inches wide.

The manufacturing operations for the Style/Item Numbers 75756 and 75785 Scarves are as follows:

Red Color Scarf Style/Item # 75756:

Silk Fabric is formed and dyed in China
Polyester fabric is formed and dyed in Korea Scarf is cut into panels and sewn in China

Black Color Scarf Style/Item # 75785:

Silk Fabric is formed and dyed in China
Polyester fabric is formed and dyed in Taiwan Scarf is cut into panels and sewn in China

ISSUE:

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

CLASSIFICATION:

Neither the silk or polyester panel imparts the essential character of the reversible Style/Item Numbers 75756 and 75785 Scarves, which will be classified in accordance with GRI 3 (c) under the heading that occurs last in numerical order in the HTS.

The applicable subheading for Style/Item Numbers 75756 and 75785 Scarves will be 6214.30.0000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for “Scarves, shawls, mufflers, mantillas, veils and the like: Of synthetic fibers.” The rate of duty will be 5.3% ad valorem.

The Style/Item Numbers 75756 and 75785 Scarves fall within textile category designation 659. 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.

Section 405 within Title IV of the Trade and Development Act of 2000 amended the country of origin on certain textile products, including those classified under subheading 6214. Regarding 19 CFR Part 102, Customs published interim country of origin regulation T.D. 01-36 of May 1, 2001.

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

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:

“(2) For goods of HTSUS headings 6213 and 6214 and HTSUS subheadings 6117.10, 6302.229404.90.85 and 9404.90.95, except for goods classified under subheadings as of cotton or of wool or consisting of fibers blends containing 16 percent or more by weight of cotton:”

(i) The country of origin is the country territory, or insular possession in which the fabric comprising the good was both dyed and printed accompanied by two or more of the following finishing operations

(ii) If the country cannot be determined under (i) above, except for goods of HTSUS subheading 6117.10 that are knit to shape or consist of two or more component parts, the country of origin is the country, territory, or insular possession in which the fabric comprising the good was formed by the fabric making process.

Style/Item Numbers 75756 and 75785 Scarves are only dyed, not printed, and are comprised of fabric from two countries, either Korea and China or Taiwan and China, and therefore do not meet the requirements of Section 102.21(e)(2)(i) or (ii). Thus, 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:”

(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.

The subject merchandise has been wholly assembled in China. In accordance with Section 102.21(c)(3)(ii), goods that are classifiable in Headings 6213 and 6214, HTSUSA, are excepted and thus, 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.” As the manufacturing of the fabrics is the most important process in the production of the scarves, and they were produced in two countries, a single country of origin determination cannot be made based on Section 102.21(c)(4).

Paragraph (c)(5) states that “Where the country of origin of a textile or apparel product cannot be determined under paragraph (c)(1), (2), (3) or (4) of this section, the country of origin of the good is the last country, territory or insular possession in which an important assembly or manufacturing process occurred.” Accordingly, for Style/Item Numbers 75756 and 75785 Scarves, country of origin is conferred by the last country in which an important assembly or manufacturing process occurred, that is, China.

You request a ruling on the fiber content requirement on the label. Please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item.

HOLDING:

The country of origin of Style/Item Numbers 75756 and 75785 Scarves is China. China is a member of the World Trade Organization (WTO), and the Style/Item Numbers 75756 and 75785 Scarves are not subject to quota or the requirements 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 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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