CLA-2 RR:CC:TE 959304 NLP

Mr. William J. LeClair
Trans-Border Customs Services, Inc
One Trans-Border Drive
P.O Box 800
Champlain, NY 12919

RE: Modification of NYRL 818218; country of origin determination for comforters, quilted spreads, pillow shams, sheets, pillow cases and bed skirts; 19 CFR 102.21(c)(2), (4) and (5); 102.21(d)

Dear Mr. LeClair:

On February 10, 1996, our New York office issued to you, on behalf of Lawrence Home Fashions, Inc., New York Ruling Letter (NYRL ) 818218, which dealt with the classification and country of origin of comforters, bedspreads and bedding sets imported from Canada. After reviewing this ruling, we have determined that the country of origin determination set forth for some of these items is incorrect and this ruling modifies those determinations. Pursuant to section 625, Tariff Act of 1930 (19 U.S.C. 1625), as amended by section 623 of Title VI (Customs Modernization) of the North American Free Trade Agreement Implementation Act (Pub. L. No. 103-182, 107 Stat. 2057 (1993)) (hereinafter, section 625), notice of the proposed modification of NYRL 818218 was published July 24, 1996, in the CUSTOMS BULLETIN, Volume 30, Number 29/30. No comments were received in response to the notice.

FACTS:

The articles at issue are a comforter, a quilted bedspread and three bedding sets. We will describe each of the items and their respective manufacturing operations.

ITEM #1- COMFORTER The comforter is comprised of a 50% polyester and 50% cotton outer shell fabric and batting material made of 100% polyester nonwoven fiberfill fabric. The manufacturing operations are as follows:

Pakistan 50% polyester/50% cotton fabric for the outer shell is sourced

Canada fabric for the batting is sourced fabric for the outer shell is bleached, dyed, printed, cut and sewn comforter is stuffed, quilted and assembled 6 millimeter piping is inserted in the edge seam on all four sides

ITEM #2- QUILTED BEDSPREAD The top surface is made from a 50% polyester and 50% cotton fabric and a batting material made of 100% polyester nonwoven fiberfill fabric. The comforter's backing fabric is a plain white 50% polyester/50% cotton lightweight muslin type fabric. The bedspread has been quilt stitched through all three layers.

Pakistan fabric for the top surface of the bedspread is sourced

Canada fabric for the batting is sourced fabric for the backing is sourced fabric for the top surface is bleached, dyed, printed, cut and sewn bedspread is assembled

ITEM #3- BEDDING SET This item consists of a comforter, pillow sham and bed skirt. As stated in NYRL 818218, this set meets the requirements for "goods put up in sets for retail sale" pursuant to GRI 3(b). The essential character is imparted by the comforter.

Comforter: the top surface is made of a 50% polyester and 50% cotton fabric. It is stuffed with a batting material made of 100% polyester nonwoven fiberfill fabric. The comforter's backing material is a plain white 50% polyester/50% cotton lightweight muslin type fabric. Pakistan fabric for the top surface of the comforter is sourced

Canada fabric for the batting is sourced fabric for the comforter's backing is sourced fabric for the top surface is bleached, dyed, printed, cut and sewn comforter is stuffed and assembled

Sham: is made of a 50% polyester and 50% cotton fabric.

Pakistan fabric is sourced Canada fabric is bleached, dyed, printed, cut and sewn sham is assembled

Bed skirt: The skirt component is made of a 50% polyester and 50% cotton fabric. The platform portion is made of a man-made nonwoven fabric. Pakistan fabric for the skirt component is sourced

Canada fabric for the skirt component is bleached, dyed, printed, cut and sewn fabric for the platform portion is sourced bed skirt is assembled

ITEM #4- BEDDING SET This item consists of a comforter and sheet set. As stated in NYRL 818218, this set meets the requirements for "goods put up in sets for retail sale" pursuant to GRI 3(b). The essential character is imparted by the comforter.

Comforter: the outer shell of the comforter is made of a 50% polyester and 50% cotton fabric and is stuffed with a batting material made of 100% polyester nonwoven fiberfill fabric.

Pakistan fabric for the outer shell is sourced Canada fabric for the batting is sourced fabric for the outer shell is bleached, dyed, printed, cut and sewn comforter is stuffed, quilted and assembled

Sheets and pillowcases: are made of a 50% polyester and 50% cotton fabric. The fitted sheet is fully elasticized and cut and hemmed on all four sides. The flat sheet contains one selvage edge and is hemmed on all four sides.

Pakistan fabric is sourced

Canada fabric is bleached, dyed, printed, cut and sewn sheets and pillowcases are assembled

ITEM #5- BEDDING SET This item is a bed in a bag set consisting of : a comforter, a flat sheet, a fitted sheet, two pillow cases, two pillow shams and a bed skirt. As stated in NYRL 818218, this set meets the requirements for "goods put up in sets for retail sale" pursuant to GRI 3(b). The essential character is imparted by the comforter.

Comforter: the top surface of the comforter is made of a 50% polyester and 50% cotton fabric and it is stuffed with a batting material made of 100% polyester nonwoven fiberfill fabric. The comforter's backing fabric is made from a plain white 50% polyester/50% cotton lightweight muslin type fabric.

Pakistan fabric for the top surface is sourced Canada fabric for the batting is sourced fabric for the comforter's backing is sourced fabric for the top surface is bleached, dyed, printed, cut and sewn comforter is stuffed and assembled

Sheets and pillowcases: are made of a 50% polyester and 50% cotton fabric.

Pakistan fabric is sourced

Canada fabric is bleached, dyed, printed, cut and sewn sheets and pillowcases are assembled

Sham: is made of the 50% polyester and 50% cotton fabric Pakistan fabric is sourced

Canada fabric is bleached, dyed, printed, cut and sewn sham is assembled

Bed skirt: the skirt component is made of a 50% polyester and 50% cotton fabric. The platform component is made from a nonwoven fabric. Pakistan fabric for the skirt is sourced

Canada fabric for the platform is sourced fabric for the skirt is bleached, dyed, printed, cut and sewn bed skirt is assembled

ISSUE:

What is the country of origin of the subject merchandise?

LAW AND ANALYSIS: Pursuant to the Uruguay Round Agreements Act, new rules of origin will be effective for 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 which determine country of origin. 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 102.21(c)(1) sets forth the general rule for determining the country of origin of a textile product in which the good is wholly obtained or produced in a single country, territory, or insular possession. It states the following: "The country 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.

Section 102.21(c)(2) provides for instances where the country of origin of a textile product cannot be determined under Section 102.21(c)(1). Section 102.21(c)(2) provides the following:

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." Two provisions are applicable in this instance, to wit: 6301-6306 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.

9404.90 The country of origin of a good classifiable under subheading 9404.90 is the country, territory, or insular possession in which the fabric comprising the good was formed by a fabric-making process.

The subject merchandise consists of a comforter, a quilted bedspread and three bedding sets. In NYRL 818218, Customs determined that the comforter was classified in subheading 9404.90.8522, Harmonized Tariff Schedule of the United States (HTSUS) and the quilted bedspread was classified in subheading 9404.90.9555, HTSUS. NYRL 818218 also held that the bedding sets met the qualifications of "goods put up in sets for retail sale" and that the comforters imparted the essential character in all three sets. As such, the proper classification for these items was in subheading 9404.90.8522, HTSUS.

Section 102.21(d) addresses the treatment of sets for country of origin purposes. Section 102.21(d) provides the following:

Where a good classifiable in the HTSUS as a set includes one or more components that are textile or apparel products and a single country of origin for all of the components of the set cannot be determined under paragraph (c) this section, the country of origin of each component of the set that is a textile or apparel product shall be determined separately under paragraph (c) this section. Although the classification of the three bedding sets (described herein as items #3, #4, and #5), as per an essential character determination, is based on the comforter, as per the terms of Section 102.21(d), the country of origin of each of the items comprising the sets must be determined separately.

As the comforters in the bedding sets and the comforter and quilted spread imported alone are comprised of either two or three fabrics sourced in two countries, there is no single country in which the fabric was formed. Accordingly, Section 102.21(c)(2) is not applicable to this merchandise.

However, the tariff shift rule may be applicable in determining the country of origin of some of the components of the sets. The sheets and pillowcases are classifiable in heading 6302, Harmonized Tariff Schedule of the United States (HTSUS). The pillow shams and bed skirts are classifiable in heading 6304, HTSUS. As the fabric comprising the pillow shams, the sheets and pillowcases was formed by a fabric making process in a single country, that is, Pakistan, the country of origin for these articles is Pakistan. However, as the fabric for the bed skirt is formed in two countries, the tariff shift rule is not applicable to that merchandise.

Section 102.21(c)(3) states that "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 comforters, the quilted bedspread and the bed skirts are not knit to shape and heading 6304, HTSUS, and subheading 9404.90, HTSUS, are both excepted from provision (ii), Section 102.21(c)(3) is inapplicable.

Section 102.21(c)(4) provides:

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. In the case of the comforters in items #1 and #4, the fabric making process of the comforters' outer shells constitutes the most important manufacturing process. It is the outer shell which actually forms the merchandise. Moreover, basing the country of origin determination on the fabric making process as opposed to the assembly process carries out the clear intent of

Section 334 as expressed in Section 334 (b)(2) and Part 102.21(c)(3)(ii). Accordingly, the fabric making process in Pakistan, where the fabric for the comforters outer shells is formed, constitutes the most important manufacturing process. Therefore, the country of origin for these comforters is Pakistan.

In the case of the quilted bedspread, the comforters and bed skirts in items #2, #3 and #5, the most important manufacturing process occurs at the time of the fabric making. As the fabric for these articles is sourced in more than one country, and no one fabric is more important than the other, the country of origin cannot be readily determined based on the fabric making process. As such, paragraph (c)(4) is not applicable to this merchandise.

Section 102.21(c)(5) states the following:

Where the country of origin of a textile or apparel product cannot be determined under paragraph (c)(1), (2), (3) or (4) of this section, the country of origin of the good is the last country, territory, or insular possession in which an important assembly or manufacturing process occurred.

Accordingly, in the case of the quilted bedspread, the comforters and bed skirts in items #2, #3 and #5, the country of origin is conferred by the last country in which an important assembly or manufacturing process occurred, that is, Canada. HOLDING:

The country of origin for the pillow shams in items #3 and #5 and the sheets and pillow cases in items #4 and # 5 is Pakistan and requires a visa from Pakistan.

The country of origin for the comforters in items #1 and #4 is Pakistan and requires a visa from Pakistan.

The country of origin for the quilted bedspread, the comforters and bed skirts in items #2, #3 and #5 is Canada.

Pursuant to the analysis and holding of this ruling, NYRL 812818 is modified accordingly.

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 19 CFR 177.9(b)(1). This sections states that a 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.

In accordance with section 625(c)(1), Tariff Act of 1930 (19 U.S.C. 1625(c)(1)), as amended by section 623 of Title VI (Customs Modernization) of the North American Free Trade Agreement Implementation Act (Pub. L. 103-182, 107 Stat. 2057), this ruling will become effective 60 days after publication in the CUSTOMS BULLETIN. Publication of rulings or decisions pursuant to section 625 does not constitute a change of practice or position in accordance with section 177.10(c)(1), Customs Regulations (19 CFR 177.10(c)(1)).


Sincerely,

John Durant, Director
Tariff Classification Appeals
Division