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NY R02453




August 30, 2005

CLA2-RR:NC:TA:349 R02453

CATEGORY: CLASSIFICATION

Mr. Brian J. White
Williams-Sonoma, Inc.
151 Union Street
Ice House 1 – 7th Floor
San Francisco, CA 94111

RE: Classification and country of origin determination for stroller blankets; 19 CFR 102.21(c)(2); tariff shift; 19 CFR 102.13(c); de minimis

Dear Mr. White:

This is in reply to your letter dated August 19, 2005, requesting a classification and country of origin determination for stroller blankets which will be imported into the United States.

FACTS:

The subject merchandise consists of four stroller blankets. Digital images of the blankets were submitted. The blankets are referred to as styles SP06 422 New Dino Stroller Blanket, SP06 423 New Butterfly Stroller Blanket, SP06 425 New Horse Stroller Blanket and SP06 426 New Dog Stroller Blanket. The four blankets are made from 100 percent polyester knit fabric and measure approximately 28 x 40 inches. They have rounded corners and zigzag stitching around the edges. The blankets will feature different appliqués and embroidery. The appliqués on styles 422 and 423 will be made from silk fabric while those on styles 425 and 426 will be made from the same fabric as the body of the blanket. You have indicated that the silk appliqués and embroidery on style 422 constitute 5 percent of the total weight of the blanket and that the silk appliqués and embroidery on style 423 make up 3 percent of the weight of that blanket. The manufacturing operations for the blankets are as follows:

KOREA:
-polyester fabric is knit.
-fabric is shipped to China.

CHINA:
-silk fabric is woven.
-polyester fabric is cut to size and shape of the blanket. -polyester fabric is cut to the shape of the appliqués for styles 425 and 426. -silk fabric is cut to the shape of the appliqués for styles 422 and 423. -edges of the blankets are sewn.
-blankets are appliquéd and embroidered. -blankets are packed and shipped.

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the stroller blankets will be 6301.40.0020, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for blankets and traveling rugs: blankets (other than electric blankets) and traveling rugs, of synthetic fibers other. The general rate of duty will be 8.5 percent ad valorem.

COUNTRY OF ORIGIN - LAW AND ANALYSIS:

Section 334 of the Uruguay Round Agreements Act (codified at 19 U.S.C. 3592), enacted on December 8, 1994, provided rules of origin for textiles and apparel entered, or withdrawn from warehouse for consumption, on and after July 1, 1996. Section 102.21, Customs Regulations (19 C.F.R. 102.21), published September 5, 1995, in the Federal Register, implements Section 334 (60 FR 46188). Section 334 of the URAA was amended by section 405 of the Trade and Development Act of 2000, enacted on May 18, 2000, and accordingly, section 102.21 was amended (68 Fed. Reg. 8711). Thus, the country of origin of a textile or apparel product shall be determined by the 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.

The style 425 and 426 blankets are made from a single fabric that was formed in Korea. The style 422 and 423 blankets are made up from fabrics that were formed in more than one country (silk fabric from China and polyester fabric from Korea). As noted previously, the Chinese woven silk fabric used for the appliqué work weighs less than 5 percent of the total weight of style 422 and less than 3 percent of the weight of style 423. According to Section 102.13, which sets out the De Minimis rule, foreign components that do not undergo the change in tariff classification or satisfy the other applicable requirements of Section 102.21 are to be disregarded in determining the country of origin of the good if the total weight of those components is not more than 7 percent of the total weight of the good. Therefore, the silk fabric from China will be disregarded. As the fabric comprising all four stroller blankets was formed in a single country, that is, Korea, as per the terms of the tariff shift requirement, country of origin of the four stroller blankets is conferred in Korea.

HOLDING:

The country of origin of the stroller blankets is Korea.

The blankets fall within textile category designation 666. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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 John Hansen at 646-733-3043.

Sincerely,

Robert B. Swierupski
Director,

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