CLA-2-RR:NC:TA:N3:358 D80470
Mr. Arthur K. Purcell
Neville, Peterson & Williams
80 Broad Street 34th Floor
New York, NY 10004
RE: Classification and country of origin determination for infant's feeder
bib; 19 C.F.R. §102.21(c)(2)
Dear Mr. Purcell:
This is in reply to your letter dated June 22, 1998, on behalf of your
client, Pinky Baby Products, requesting a classification and country of origin
determination, for an infant's feeder bib made of 100 percent woven fabric. The
bib will be made in Hong Kong from a printed cotton towel produced in China.
FACTS:
The rectangular shaped infant's feeder bib is made of terry woven fabric
and measures about 11 inches wide and 17 inches high. It features a screen print
of a whimsical barnyard design which includes a cow, a chick and a piglet. The
bib neckline is trimmed in contrasting colored ribbed knit fabric. The neckline
itself is formed by cutting out circular fabric from the rectangular panel near
the top of the article.
The manufacturing operations for the bib, according to your submission, are
as follows:
A. CHINA
First, Chinese origin fabric will be formed into a one piece towel, and
printed. See Exhibit A. No joinder or assembly operations will occur in China.
The towel component, together with the collar component, is then sent Hong Kong
for further processing and assembly.
B. HONG KONG
Once the towel and collar arrive in Hong Kong ("Country
B"), the article will be transformed into an infant's feeder bib
through cutting and sewing operations. An opening for the neck will be
cut into the towel, and a collar will be
sewn into the perimeter of the opening. The completed feeder bib,
consisting of two components ( towel and collar) (See
Exhibit B), will then be attached to a header card and
packaged for shipment to the United States.
ISSUE:
What are the classification and country of origin of the subject
merchandise?
CLASSIFICATION:
The applicable subheading for the infant's feeder bib, will be
6209.20.5050, Harmonized Tariff Schedule of the United States Annotated
(HTSUSA), which provides for babies' garments and clothing accessories, of
cotton, other, other. The rate of duty will be 9.7 percent ad valorem.
The infant's feeder bib falls within textile category designation 239. 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":
HTSUSA Tariff shift and/or other requirements
6209.20.5045-6209.90.9000 (1)If the good consists of two or more component
parts, a change to an assembled good of subheading from unassembled components,
provided that the change is the result of the good being wholly assembled in a
single country, territory or insular possession.
Since the infant's feeder bib consists of two or more component parts
which preexisted in essentially the same condition as found in the finished good
and the components were combined to form the finished good in a single country,
namely Hong Kong, the good qualifies as "wholly assembled" in that country. As
such, Section 102.21(c)(2) is applicable.
HOLDING:
The country of origin of the infant's feeder bib is Hong Kong. Based upon
international textile trade agreements products of Hong Kong 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 the ruling request. This position is clearly set
forth in section 19 C.F.R. §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 C.F.R.
§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 C.F.R. §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 Bruce Kirschner at 212-466-5865.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division