CLA-2 RR:CR:TE 962523 jb
Mr. Thomas Penksa
PBB Global Logistics
434 Delaware Avenue
Buffalo, NY 14202
RE: Modification of NY D86412, dated January 15, 1999
Dear Mr. Penksa:
This is in regard to New York Ruling Letter (NY) D86412, issued to you from our New York office on January 15, 1999. In NY D86412 Customs determined the country of origin for four textile fabrics pursuant to Section 102.21, Customs Regulations (19 CFR 102.21). Although the ultimate country of origin determinations for all of the textile fabrics are correct, this is to inform you that the analysis for one of the fabrics, “Sentinal”, is incorrect. As such, this letter will set out the proper analysis and country of origin determination for that one style of fabric.
FACTS:
The manufacturing operations for “Sentinal” consist of the following:
Italy
base fabric is produced
United Kingdom
base fabric is printed, dyed, coated, trimmed and/or slit
ISSUE:
What is the country of origin for the subject merchandise?
LAW AND ANALYSIS:
NY D86412 correctly stated that section 102.21(c)(1) and (c)(2) were not applicable to this merchandise, for the reasons stated therein. However, in the analysis addressing 102.21(c)(3), NY D86412 incorrectly stated that the process of combining the warp and weft
yarns was akin to an “assembly” process as required by 102.21(c)(3)(ii). This is incorrect. Customs does not view this manufacturing process as an assembly process and thus, (c)(3) is also inapplicable to this merchandise.
Section 102.21(c)(4) states that “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 subject merchandise, similar to the other fabrics addressed in NY D86412, the most important manufacturing process occurs at the time of the fabric making, that is, in Italy.
HOLDING:
Accordingly, the country of origin of the fabric referenced as “Sentinal”, pursuant to a
102.21(c)(4), most important manufacturing process analysis, is Italy.
Sincerely,
John Durant, Director
Commercial Rulings Division