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NY J82691




April 11, 2003

CLA-2-RR:NC:TA:349 J82691

CATEGORY: CLASSIFICATION

Mr. Oliver Altiparmakyan
Jobson & Sons Ltd.
5925 Tomken Road, Unit 9
Mississauga, Ontario
Canada L4W 4L8

RE: Classification, status under the North American Free Trade Agreement (NAFTA) and country of origin determination for a decorative throw, tablecloth, drape, tieback and balloon valance; 19 CFR 102.21(c)(2); tariff shift; Article 509

Dear Mr. Altiparmakyan:

This is in reply to your letter dated March 14, 2003, requesting a classification, status under the NAFTA and country of origin determination for a decorative throw, tablecloth, drape, tieback and balloon valance which will be imported into the United States.

FACTS:

The subject merchandise consists of a decorative throw, tablecloth, drape, tieback and balloon valance. You submitted samples of the throw, tablecloth and drape. The throw/blanket is made from two layers of 50 percent cotton and 50 percent polyester jacquard woven fabric sewn together at their edges. It measures approximately 54 x 72 inches. A 3.5-inch “bullion” fringe is sewn in the seam at both ends. The tablecloth is made from the same jacquard woven fabric. It measures 72 inches in diameter and the circumference is hemmed. The rod pocket drape is also made from the cotton and polyester jacquard fabric. It measures approximately 54 x 84 inches and has plastic covered drapery weights in the bottom hem. The tieback for the drape is made from the same fabric. It will have a fabric loop at each end and will be packed with the drape. The drape and tieback are considered a composite good. The balloon valance will be made from the jacquard fabric and it will have a rod pocket.

The manufacturing operations for these items are as follows:

CHINA:
-50 cotton/50 polyester jacquard fabric is woven. -fabric is shipped to Canada.

CANADA:
-bullion fringe and drapery weights are formed. -jacquard fabric is cut to size and shape. -components are sewn forming the throw, tablecloth, drape, tieback and valance. -drape and tieback are packed together and shipped. -throw, table cloth and valance are packed and shipped.

ISSUE:

What are the classification, eligibility under NAFTA and country of origin of the subject merchandise?

CLASSIFICATION:

Due to the fact that the throw, tablecloth, drape with tieback and valance are made from a 50/50 blend of fibers, they are classified using HTSUSA Section XI Note 2(A) and Subheading Note 2(A). The blended fabrics will be classified as if they consisted wholly of that one textile material which is covered by the heading which occurs last in numerical order among those which equally merit consideration. Even a slight change in the fiber content may result in a change of classification, as well as visa and quota requirements. These products may be subject to U.S. Customs laboratory analysis at the time of importation, and if the fabric is other than the stated blend they may be reclassified by Customs at that time.

The applicable subheading for the tablecloth will be 6302.53.0020, Harmonized Tariff Schedule of the United States Annotated, (HTSUSA), which provides for bed linen, table linen, toilet linen and kitchen linen: other table linen: of man-made fibers tablecloths and napkins: other. The general rate of duty will be 11.4 percent ad valorem.

The applicable subheading for the balloon valance and the drape with tieback will be 6303.92.2010, HTSUSA, which provides for curtains (including drapes) and interior blinds; curtain or bed valances: other: of synthetic fibers: other window curtains (including drapes) and window valances. The general rate of duty will be 11.4 percent ad valorem.

The applicable subheading for the throw/blanket will be 6304.93.0000, HTSUSA, which provides for other furnishing articles, excluding those of heading 9404: other: not knitted or crocheted, of synthetic fibers. The general rate of duty will be 9.4 percent ad valorem.

The throw, tablecloth, drape with tieback and valance fall within textile category designation 666. 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.

NAFTA ELIGIBILITY:

The throw, tablecloth, drape with tieback and valance undergo processing operations in Canada which is a country provided for under the North American Free Trade Agreement. These products will be eligible for the NAFTA preference if they qualify to be marked as a good of Canada and if they are wholly obtained or produced in the NAFTA territories or transformed in Canada so that the non-originating material undergoes a change in tariff classification described in subdivision (t) to General Note 12, HTSUSA. For headings 6302, 6303 and 6304, HTSUSA, the appropriate subdivision (t) rules state that:

A change to headings 6301 through 6302 from any other chapter, except from headings 5106 through 5113, 5204 through 5212, 5307 through 5308 or 5310 through 5311, chapters 54 through 55, or headings 5801 through 5802 or 6001 through 6006, provided that the good is both cut (or knit to shape) and sewn or otherwise assembled in the territory of one of more of the NAFTA parties.

A change to heading 6303 from any other chapter, except from headings 5106 through 5113, 5204 through 5212, 5307 through 5308 or 5310 through 5311, chapters 54 through 55, or headings 5801 through 5802 or 6001 through 6006, provided that the good is both cut (or knit to shape) and sewn or otherwise assembled in the territory of one of more of the NAFTA parties.

A change to headings 6304 through 6310 from any other chapter, except from headings 5106 through 5113, 5204 through 5212, 5307 through 5308 or 5310 through 5311, chapters 54 through 55, or headings 5801 through 5802 or 6001 through 6006, provided that the good is both cut (or knit to shape) and sewn or otherwise assembled in the territory of one of more of the NAFTA parties.

When the 50/50 polyester and cotton woven fabric for the throw, tablecloth, drape with tieback and valance leaves China, it is classified in heading 5513 or 5514, HTSUSA, depending on the weight. As fabrics of headings 5513 and 5514, HTSUSA, are excepted from meeting the tariff change to heading 6302, 6303 and heading 6304, HTSUSA, the non-originating material from China does not undergo the requisite change in tariff classification. Accordingly, the throw, tablecloth, drape with tieback and valance are not eligible for the NAFTA preference.

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

6301-6306 Except for goods of heading 6302 through 6304 provided for in paragraph (e)(2) of this section, the country of origin of a good classifiable under heading 6301 through 6306 is the country, territory, or insular possession in which the fabric comprising the good was formed by a fabric making process.

Subheadings 6302.53, 6303.92 and 6304.93 are included in paragraph (e)(2) however, goods classified in those subheadings which consist of fiber blends containing 16 percent or more by weight cotton are excepted from paragraph (e)(2). As the fabrics comprising the throw, tablecloth, drape with tieback and valance are formed in a single country, that is, China, as per the terms of the tariff shift requirement, country of origin is conferred in China.

HOLDING:

The country of origin of the throw, tablecloth, drape with tieback and valance is China. Based upon international textile trade agreements products of China falling in the above subheadings are not subject to quota or visa restrictions.

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 181.100(a)(2). 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 181 of the Customs Regulations (19 C.F.R. 181). Should it be subsequently determined that the information furnished is not complete and does not comply with 19 CFR 181.100(a)(2), 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.

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 John Hansen at 646-733-3043.

Should you wish to request an administrative review of this ruling, submit a copy of this ruling and all relevant facts and arguments within 30 days of the date of this letter, to the Director, Commercial Rulings Division, Headquarters, U.S. Customs Service, 1300 Pennsylvania Ave. N.W., Washington, D.C. 20229.

Sincerely,

Robert B. Swierupski
Director,

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