CLA-2 RR:TC:TE 959027 CAB
Siegel, Mandell & Davidson, P.C.
One Astor Plaza
1515 Broadway
New York, NY 10036-8901
RE: Country of origin determination for a textile belt; Section
102.21, Customs Regulations
Dear Sirs:
This is in response to your inquiry of March 11, 1996,
requesting a country of origin determination, on behalf of your
client, Liz Claiborne, Inc., (LCI) pursuant to Section 102.21,
Customs Regulations, for a textile belt. No sample was submitted
for examination.
FACTS:
LCI intends to import a woven textile belt. It is requested
that for the purposes of this country of origin request that
Customs assume that the textile belt is classifiable under
Heading 6217 of the Harmonized Tariff Schedule of the United
States Annotated (HTSUSA).
The proposed manufacturing begins with the weaving either in
the form of narrow fabric or fabric bolts in Country "A". In
Country "A", the fabric will be cut to length (in the case of
narrow fabric) or, where necessary, to length and width (in the
case of fabric bolts) to form belting strips dedicated for use in
producing belts. Any necessary hemming will also be performed in
Country "A". The individual belting strips produced in Country
"A" will then be shipped to Country "B", where holes will be
punched in each strip and the buckle and accompanying hardware
will be attached to form a completed belt. The finished belt
will then be exported to the United States. Countries "A" and
"B" will not include Israel or a signatory of the North American
Free Trade Agreement (NAFTA).
ISSUES:
1. Pursuant to Section 102.21, Customs Regulations, whether the
country of origin of the subject belt is Country "A" or
Country "B"?
2. If we conclude that the origin of the textile belt is
Country "A", would a visa from Country "A" (the country in
which the fabric was formed and cut) or Country "B" (the
country in which all further manufacturing operations were
performed) be required?
3. If we conclude that the origin of the textile belt is
Country "A", would the applicable quota category for that
article be the category associated with the woven fabric
produced in Country "A" or that associated with the finished
article completed in Country "B"?
LAW AND ANALYSIS:
1. Pursuant to Section 102.21, Customs Regulations, whether the
country of origin of the subject belt is Country "A" or
Country "B"?
Pursuant to the Uruguay Round Agreements Act, new rules of
origin will be effective on textile products entered, or
withdrawn from warehouse, for consumption on or after July 1,
1996. These rules were published in the Federal Register, 60
Fed. Reg. 46188( September 5, 1995). Section 102.21, Customs
Regulations (19 CFR Section 102.21), sets forth the general rules
to determine country of origin. Thus, the country of origin of a
textile product will be determined by a hierarchy of rules set
forth in paragraphs (c)(1) through (c)(5) of Section 102.21.
Section 102(c)(1) sets forth the general rule for determining the
country of origin of a textile or apparel product in which the
good was wholly obtained or produced. Section 102.21(c)(2)
provides for instances where the country of origin of a textile
or apparel product cannot be determined under Section
102.21(c)(1).
Section 102.21(c)(2) provides, in pertinent part:
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 foreign material 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.
Section 102.21(e) provides, in pertinent part:
Specific rules by tariff classification. 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:
6215-6217 (1) If the good consists of two or more
component parts, a change to an assembled good of
heading 6215 through
6217 from
unassembled
components, provided
that the change is
the result of the
good being wholly
assembled in a
single country,
territory, or
insular possession.
* * *
For reasons of determining the country of origin of the
subject textile belt, Customs is assuming this article is
properly classifiable under Heading 6217, HTSUSA. The fabric
used to construct the textile belt is woven either in the form of
narrow fabric or fabric bolts in Country "A". The fabric will
also be cut to length or, where necessary, to length and width
and hemmed to form belting strips in Country "A". The belting
strips will then be shipped to Country "B", where holes will be
punched in each strip and the buckle and accompanying hardware
will be attached to form a finished belt.
As the textile belt is not wholly obtained or produced in a
single country, we must determine whether the applicable
requirement specified in Section 102.21(e) has been met. The
finished textile belt is classifiable under Heading 6217, HTSUSA.
In this case, the textile belt is comprised of the textile
material, a buckle, and additional hardware. These multiple
components are assembled into a finished textile belt which is
classifiable under Heading 6217, HTSUSA, in Country "B".
Therefore, pursuant, to the applicable provision under Section
102.21(e), the subject textile belt is a product of Country "B".
2. If we conclude that the origin of the textile belt is
Country "A", would a visa from Country "A" (the country in
which the fabric was formed and cut) or Country "B" (the
country in which all further manufacturing operations were
performed) be required?
As stated above, the country of origin of the subject
textile belt is Country "B", thus a visa from Country "B" is
required.
3. If we conclude that Country "A" is the country of origin of
the subject textile belt, will the applicable quota category
for the imported belts be that associated with the woven
fabric produced in Country "A" or that associated with
finished belts.
Again, we have concluded that the origin of the subject belt
is Country "B", therefore the quota category applicable is that
associated with the finished belt from Country "B".
HOLDING:
The country of origin of the textile belt at issue is
Country "B".
This ruling is issued pursuant to the provisions of Part 177
Customs Regulations (19 CFR Part 177). If the specific factual
situation is not as described above, this ruling may not be
valid. In such an event, it is recommended that a new ruling
request be submitted.
Sincerely,
John Durant, Director
Tariff Classification Appeals
Division