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NY N028112





May 14, 2008

CLA2-OT:RR:NC:N3:351

CATEGORY: CLASSIFICATION

Mr. Peter J. Fitch
Fitch, King and Caffentzis
250 Moonachie Road, 5th Floor
Moonachie, N.J. 07074

RE: Country of origin determination for sisal rope; 19 CFR 102.21(c)(4)

Dear Mr. Fitch:

This is in reply to your letter dated April 29, 2008, on behalf of General Work Products, Inc., of Jefferson, La., requesting a country of origin determination for sisal rope that will be imported into the United States.

FACTS:

The subject merchandise is sisal rope.

The manufacturing operations for the rope are as follows: sisal yarn is spun in Brazil of Brazilian sisal fibers. The yarns are wound onto spools that are shipped to the Philippines, where the yarns will be twisted into rope. The rope will be packaged and shipped to the United States.

ISSUE:

What is the country of origin of the subject merchandise?

CLASSIFICATION:

You have not asked for a classification ruling, and you have not supplied enough information for a specific classification. However, sisal rope is classified in heading 5607, Harmonized Tariff Schedule of the United States (HTSUS), which provides for, inter alia, twine, cordage, ropes and cables, whether or not plaited or braided and whether or not impregnated, coated, covered or sheathed with rubber or plastics, including those of sisal or other textile fibers of the genus Agave.

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at 19 U.S.C. 3592), enacted on December 8, 1994, provided rules of origin for textiles and apparel entered, or withdrawn from warehouse for consumption, on and after July 1, 1996.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 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,

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,

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

5607 If the good is of staple fibers, a change of those fibers to heading 5607 from any other heading, except from heading . . . 5306 through 5308 . . . and provided that the change is the result of a spinning process. The original sisal yarn would be classified under heading 5305, HTSUS. While that heading is not excepted, the tariff change in the manufacture of the cord is not the result of a spinning process. Thus, Section 102.21(c)(2) is inapplicable.

Section 102.21(c)(3) states,

Where the country of origin of a textile or apparel product cannot be determined under paragraph (c)(1) or (2) of this section:

(i) If the good was knit to shape, the country of origin of the good is the single country, territory, or insular possession in which the good was knit; or

(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.

As the subject rope is not knit to shape, provision (i) of Section 102.21(c)(3) is not applicable. As for provision (ii), Section 102.21(b)(6) defines "wholly assembled" as:

The term "wholly assembled" when used with reference to a good means that all components, of which there must be at least two, preexisted in essentially the same condition as found in the finished good and were combined to form the finished good in a single country, territory, or insular possession. . . .

As the process of twisting is considered a manufacturing process and not an assembly operation as per the terms of section 102.21, provision (ii) is also not applicable. Accordingly, the subject merchandise does not satisfy paragraph (c)(3).

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.

The Section 334 rules of origin for textile and textile apparel products (19 U.S.C. 3592 (b)(1)) state, in pertinent part, that twine, cordage, or rope originates in a country and is the growth, product, or manufacture of that country if the constituent staple fibers are spun in that country. The section 334 rules explicitly state what is considered “important processing” in regard to this commodity. Accordingly, as per section 102.21(c)(4), the most important manufacturing process occurs at the time of the spinning of the fibers, that is, in Brazil.

HOLDING:

The country of origin of the sisal rope is Brazil.

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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