CLA-2-RR:NC:TA:351 C82394
Ms. Patricia Rone Worsham
Yusen Air & Sea Service (USA) Inc.
2 Whitaker St., Suite #306
Savannah, GA 31401
RE: Classification and country of origin determination for inked
typewriter ribbon; 19 CFR 102.21(c)(3)
Dear Ms. Worsham:
This is in reply to your letter dated December 3, 1997, on
behalf of Fuji Copian Corporation, Winnsboro, S.C., requesting a
classification and country of origin determination for seamless
nylon loops (inked typewriter ribbon) which will be imported into
the United States from China.
FACTS:
The subject merchandise consists of inked typewriter ribbon.
As per your correspondence and the representative samples
submitted, a company called Kitamura in Japan manufactures woven
nylon fabric. This material is sent to an unspecified company
in China for the inking process. It is not clear from your
letter, if wide widths of material are sent to China for slitting
to 8 mm widths (per the samples), or if the material is slit by
the manufacturer before shipping. However, this would not affect
the country of origin determination. Subsequently, once inked,
this typewriter ribbon is tied in bundles of 500 pieces, put into
clear plastic bags and placed in cartons of approximately 20,000
pieces for export to the United States.
ISSUE:
What is the classification and country of origin of the
subject merchandise?
CLASSIFICATION:
The applicable subheading for the woven nylon typewriter
ribbon will be 9612.10.9010, Harmonized Tariff Schedule of the
United States Annotated (HTSUSA), which provides for ribbons,
woven, of man-made fibers. The rate of duty will be 8.6 percent
ad valorem.
This woven typewriter ribbon falls within textile category
designation 621. The designated textile and apparel categories
may be subdivided into parts. If so, visa and quota requirements
applicable to the subject merchandise may be affected. Part
categories are the result of international bilateral agreements
which are subject to frequent renegotiations and changes. To
obtain the most current information available, we suggest that
you check, close to the time of shipment, the Status Report on
Current Import Quotas (Restraint Levels), an internal issuance of
the U.S. Customs Service, which is available for inspection at
your local Customs office.
COUNTRY OF ORIGIN - LAW AND ANALYSIS:
On December 8, 1994, the President signed into law the
Uruguay Round Agreements Act. Section 334 of that Act (codified
at 19 U.S.C. 3592) 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 of
the foreign materials 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) in pertinent part 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":
HTSUS Tariff shift and/or other requirements
9612.10.9010 A change to subheading 9612.10.9010 from
any other heading, except from heading ...
5407 through 5408, 5512 through 5516... or
5806 and provided that the change is the
result of a fabric-making process.
The subject ribbon in this scenario, undergoes a change to
subheading 9612.10.9010, HTS, from heading 5407, 5512 or 5806 and
that change is not the result of a fabric making process (the
ribbon is merely inked). Since this change is excluded by the
rule, Section 102.21(c)(2) is inapplicable and our hierarchical
application of Section 102.21(c) continues.
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 subject merchandise is not wholly assembled in China,
because it requires that all components (at least 2) 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, no mere assembly of two
preexisting components transpired in China.
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
assemble or manufacturing process occurred."
The relevant analysis, in the case of the manufacturing
scenario described above, is provided by section 102.21 (c)(4)
which look to the country, territory, or insular possession in
which the "most important" assembly or manufacturing process
occurred as conferring origin.
Based upon the emphasis that the law places on the fabric
creation (i.e., weaving), it is the construction of the fabric
itself, that is the most important process in the construction of
the ribbon which took place in Japan as opposed to the mere
inking of such fabric in China.
HOLDING:
The country of origin of the woven typewriter ribbon is
Japan. Based upon international textile trade agreements
products of Japan are subject to quota and the requirement of a
visa.
The holding set forth above applies only to the specific
factual situation and merchandise identified in this ruling
request. This position is clearly set forth in section 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.
This ruling is being issued under the provisions of Part 177
of the Customs Regulations (19 C.F.R. 177). 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.
A copy of the ruling or the control number indicated above
should be provided with the entry documents filed at the time
this merchandise is imported. If you have any questions
regarding the ruling, contact National Import Specialist George
Barth at 212-466-5884.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division