CLA-2 RR:TC:TE 959383 CAB
James J. Kelly, Esq.
Barthco International, Inc.
7575 Holstein Avenue
Philadelphia, PA 19153
RE: Country of origin of silk jacquard fabric; Section
102.21(c)(2), Customs Regulations
Dear Mr. Kelly:
This is in response to your inquiry of June 13, 1996,
requesting a country of origin determination for fabric pursuant
to Section 102.21, Customs Regulations. This request is on
behalf of J.G. Hook. A sample was not submitted for examination.
FACTS:
The merchandise at issue is 100 percent silk jacquard woven
fabric. The manufacturing process is as follows: Jacquard piece
goods measuring 44-45" wide will be produced in China; The piece
goods will then be exported to Korea where it will be filmed,
engraved, printed, tentered, finished, inspected and packed for
shipment to the United States. In New York, the fabric will be
cut and sewn into finished ties.
ISSUE:
What is the country of origin of the subject fabric?
LAW AND ANALYSIS:
Pursuant to the Uruguay Round Agreements Act, new rules of
origin (codified at 19 USC 3592) were 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products entered, or withdrawn from warehouse, for consumption on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 is 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 or apparel product
in which the good is wholly obtained or produced in a single
country, territory, or insular possession. As the subject
merchandise is not wholly obtained or produced in a single
country, territory, or insular possession, Section 102.21(c)(1)
is inapplicable.
Section 102.21(c)(2) provides for instances where the
country of origin of a textile or apparel product cannot be
determined under paragraph (c)(1) of this section. Section
102.21(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 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) 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:"
5007 A change to heading 5007 from any other heading,
provided that the change is the result of a
fabric-making process.
As the subject fabric is not wholly obtained or produced in
a single country, we must apply Section 102.21(c)(2) and the
applicable requirement of Section 102.21(e) to the proposed
scenario to determine the country of origin of the subject goods.
The fabric is classifiable in Heading 5007 of the Harmonized
Tariff Schedule of the United States Annotated, HTSUSA, which is
the provision for woven fabrics of silk or silk waste. Pursuant
to the applicable provisions of Section 102.21(e), the country of
origin of the silk fabric is China, the country where the fabric
was formed by a fabric-making process.
HOLDING:
The country of origin of silk jacquard fabric at issue is
China pursuant to Section 102.21(c)(2).
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