CLA-2-RR:NC:TA:351 D84393

Mr. Miguel Dancausse
ME ME International
6123 Harbor View Lane
Greensboro, NC 27410

RE: Classification and country of origin determination for braided yarn; 19 CFR 102.21(c)(2); applicable change in tariff classification; 19 CFR 12.130

Dear Mr. Dancausse:

This is in reply to your letter received November 6, 1998, requesting a classification and country of origin determination for braided yarn which will be imported into the United States.

FACTS:

The subject merchandise is braid; 100 percent cotton braid and 100 percent nylon braid. You submitted samples of the different braids you intend to import from Costa Rica. They were manufactured from either cotton or nylon filament yarn.

The manufacturing operations for the braid are as follows: cotton yarn which is spun in the United States, and nylon yarn which is extruded in the United States, is sent to Costa Rica. In Costa Rica the yarn is re-bobbined so that it can be accommodated by the machine which will rebraid the yarn into flat braids of varying dimensions, per the samples submitted. The braid will then be packaged and returned to the United States.

ISSUE:

What is the classification and country of origin for the subject merchandise? Is the merchandise entitled to treatment under the Caribbean Basin Initiative?

CLASSIFICATION:

The applicable subheading for the braid will be 5808.10.70, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for braid in the piece, other, of cotton or man-made fiber. The rate of duty will be 8 percent ad valorem.

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Section 334 of that Act (codified at 19 U.S.C. 3592) provides new rules of origin for textiles and apparel entered, or withdrawn from warehouse, for consumption, on and after July 1, 1996.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 material incorporated in that good underwent an applicable change in tariff classification,m and/or met any other requirment, specified for the good in paragraph (e) of this section".

As there is no foreign material being incorporated into the subject good, paragraph (c)(2) is inapplicable.

Paragraph (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 in which the good was wholly assembled.

As the braid was formed by means of a manufacturing and not an assembly process, paragraph (c)(3) is inapplicable. (HQ 555594 of May 16, 1990, noted).

Paragraph (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 this instance we have two manufacturing processes involved: either spinning/extruding the cotton or nylon into yarn in the United States and braiding in Costa Rica.

19 U.S.C. 1334(b)(1)(B) states: "(b) PRINCIPALS. - (1) IN GENERAL. - Except as otherwise provided for by statute, a textile or apparel product for purposes of the customs law and the administration of quantitative restrictions, originate in a country, territory or insular possession, and is the growth, product, or manufacture of that country, territory, or insular possession, if - ...(B) the product is a yarn, thread, twine, cordage, rope, cable or braiding and -(i) the constituent staple fibers are spun in that country, territory, or possession, or (ii) the continuous filament is extruded in that country, territory, or possession."

Based upon the above, the country of origin of the braid would seem to be the United States.

However, there is an exception to products from the United States that are sent abroad for processing. Customs Regulations, Section 12.130 (c) (1) states:

"Chapter 98, Subchapter II, Note 2, Harmonized Tariff Sched ule of the United States, provides that any product of the U.S. which is returned after having been advanced in value or improved in condition abroad, or assembled abroad, shall be a foreign article for the purposes of the Tariff Act of 1930, as amended. In order to have a single definition of the term product of' and, therefore, a single country of orig in for a textile or textile product, notwithstanding paragraph (b), merchandise which falls within the purview of Chapter 98, Subchapter II, Note 2, Harmonized Tariff Schedule of the United States, may not, upon its return to the U.S., be considered a product of the U.S."

For the case of yarn of U.S. origin which is braided in Costa Rica, ( advanced in value...improved in condition abroad'), Costa Rica becomes the originating country.

You inquired if the braid would be entitled to treatment under the provisions of the Caribbean Basin Initiative. Although Costa Rica is one of the countries included in the Caribbean Basin Initiative, General Note 3(a)(iii) of the Harmonized Tariff Schedule of the United States provides the following:

"The "Special" subcolumn reflects rates of duty under one or more special tariff treatment programs described in paragraph (c) of this note and identified in parentheses immediately following the duty rate specified in such subcolumn. These rates apply to those products which are properly classified under a provision for which a special rate is indicated and for which all of the legal requirements for eligibility for such program or programs have been met. Where a product is eligible for special treatment under more than one program, the lowest rate of duty provided for any applicable program shall be imposed. Where no special rate of duty is provided for a provision, or where the country from which a product otherwise eligible for special treatment was imported is not designated as a beneficiary country under a program appearing with the appropriate provision, the rates of duty in the "General" subcolumn of column 1 shall apply."

Heading 5808.10 does not have a special rate indicator in the "Special" subcolumn for the Caribbean Basin Initiative. Therefore, the general rate of duty in column 1 of 8 percent ad valorem shall apply.

HOLDING:

The country of origin of both the cotton and nylon braid is Costa Rica. The rate of duty set forth in column 1 shall apply.

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 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 Camille Ferraro at 212-466-5885.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division