CLA-2 RR:TC:TE 959668 jb
Al Andrews
Circle International, Inc.
3275 Alum Creek Drive, Suite 200
Columbus, Ohio 43207
RE: Country of origin determination for carrying cases for
cookware; 19 CFR 102.21(c)(2); tariff shift
Dear Mr. Andrews:
This is in reply to your letter dated August 9, 1996, on
behalf of your client, Anchor Hocking Corp., requesting a country
of origin determination for certain carrying cases for cookware
which will be imported into the United States.
FACTS:
The submitted merchandise consists of certain carrying cases
for cookware which come in both rectangular and round shapes and
each features two colors. The manufacturing operations are as
follows:
CHINA, TAIWAN, JAPAN, and HONG KONG
- materials are sourced (exterior flake 600D, interior 210
nylon, PE foam, sponge, PVC patch, clear PVC, thread, ink,
zipper teeth, zipper pull, webbing, inside PVC label).
CHINA
- cutting of fabric;
- sewing and complete assembly;
- packing.
ISSUE:
What is the country of origin of the subject merchandise?
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apparel entered, or withdrawn from warehouse, for consumption, on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
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:"
4202.92.60-4202.92.90 A change to subheading
4202.92.60 through 4202.92.90 from any
other heading, provided that the change
is the result of the good being wholly assembled in a single country, territory, or insular possession.
The subject merchandise is classifiable in subheading
4202.92.9040, Harmonized Tariff Schedule of the United States
(HTSUS). As the subject merchandise is wholly assembled in a
single country, China, the country of origin is China.
HOLDING:
The country of origin of the subject carrying cases for
cookware is China.
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