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NY N017019




September 21, 2007

CLA-2-56:RR:NC:N3:351

CATEGORY: CLASSIFICATION

Joshua Ryan Birdwell
Win Imports, Inc.
1110 Douglas Ave., Suite 3006
Altamonte Springs, FL 32714

RE: Classification and country of origin determination for fabric gift wrap and a tassel cord; 19 CFR 102.21(c)(1); wholly obtained or produced in a single country

Dear Mr. Birdwell:

This is in reply to your letter dated Sept. 10, 2007, requesting a classification, marking, and country of origin determination for fabric gift wrap and a tassel cord that will be imported into the United States. Your letter was a follow-up to your original request, our file N016081, which we had to return to you because we needed samples and other information.

FACTS:

You submitted samples of a piece of organza fabric, cut into a 22”-diameter circle (also available in 14” and 28”) with a finished edge, and a 23”-long, 1/4"-diameter, 3-ply twisted cord with a tassel at each end. The organza is 90% polyester/10% polyamide. The tassel cord is made of 85% rayon/15% polyester. They are packaged together in a clear polybag and will be used to wrap and tie a gift box.

You state that these two items will be sold to your client who will use them to wrap a package for each order. These two items are packaged and sold together and are used for a particular need or to carry out a specific purpose, that is, to wrap a gift. However, they cannot be considered a set for tariff purposes because they will not be sold at retail. Each item will be classified separately. Explanatory Note to General Rule of Interpretation 3(b), Harmonized Tariff Schedule of the United States (HTSUS), noted.

You state that all of the manufacturing operations for the organza circle and tassel cord are done in China and that the polybag will have a “Made in China” sticker.

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the organza circle will be 6307.90.9889, HTSUS, which provides for other made up textile articles, other. The rate of duty will be 7% ad valorem.

The applicable subheading for the tassel cord will be 5609.00.3000, HTSUS, which provides for articles of yarn, twine, cordage, rope, or cables, not elsewhere specified or included: Of man-made fibers. The duty rate will be 4.5% ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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, “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 organza circle and tassel cord were wholly obtained or produced in a single country, that is, China, country of origin is conferred in China.

MARKING:

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. The ultimate purchaser in this case is your customer, who will receive the items in the polybag and use them, rather than resell them.

As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.

The proposed marking of the imported organza circle and tassel cord, as described above, is conspicuously, legibly, and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the imported organza circle and tassel cord.

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, 600 Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item. Information can also be found at the FTC website www.ftc.gov (click on “For Business” and then on “Textile, Wool, Fur”).

HOLDING:

The country of origin of the organza circle and tassel cord 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.

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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