CLA-2 RR:TC:TE 959244 jb
Joanne Balice
CBI Distributing Corp.
1501 North Michael Drive
Wood Dale, Il. 60191-1095
RE: Country of origin determination for an acrylic scarf; 19 CFR
102.21(c)(2); wholly assembled
Dear Ms. Balice:
This is in reply to your letter dated May 14, 1996, on
behalf of your client, Island Glove, requesting a country of
origin determination for an acrylic scarf which will be imported
into the United States sometime on or after July 1, 1996. A
sample was submitted to this office for examination.
FACTS:
The subject merchandise consists of a scarf , style 86143,
made out of 100 percent acrylic fabric. The manufacturing
operations are as follows:
Taiwan
- fabric is knit.
China
- fabric is cut to length;
- felt backing is sourced;
- felt backing is sewn onto the scarf;
- scarf is sewn.
ISSUE:
What is the country of origin of the subject merchandise?
LAW AND ANALYSIS:
On December 8, 1994, the President signed into law the
Uruguay Round Agreements Act. Section 334 of that Act 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withdrawn from warehouse, for consumption, on and after July 1,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
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".
Paragraph (e) 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:"
6101-6117 (1) If the good is not knit to shape and consists
of two or more
component parts, a change to an assembled good of heading 6101 through 6117 from unassembled
components, provided that the change is the
result of the good being wholly assembled in a single country, territory, or insular possession.
The subject merchandise is classifiable as a knit scarf in
heading 6117, Harmonized Tariff Schedule of the United States
(HTSUS). 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. Minor attachments and minor embellishments (for
example, appliques, beads, spangles, embroidery, buttons)
not appreciably affecting the identity of the good, and
minor subassemblies (for example, collars, cuffs, plackets,
pockets), will not affect the status of a good as "wholly
assembled" in a single country, territory, or insular
possession.
As the subject scarf is not knit to shape, consists of two
component parts, that is the acrylic fabric and the felt backing,
and is wholly assembled in one country, that is, China, the
tariff shift rule is applicable. Accordingly, the country of
origin of the submitted scarf is China.
HOLDING:
The country of origin of the subject acrylic scarf,
referenced style number 86143, 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 is issued
on the assumption that all of the information furnished in the
ruling letter, either directly, by reference, or by implication,
is accurate and complete in every material respect.
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.
Sincerely,
John Durant, Director
Tariff Classification Appeals
Division