CLA-2 RR:TC:TE 959275 SK
Julie Kim
Inter-Maritime Forwarding Company Incorporated
156 William Street
New York, N.Y. 10038-2689
RE: Country of origin determination; Section 102.21, Customs
Regulations; 100 percent silk woven scarf.
Dear Ms. Kim:
This is in response to your inquiry of April 8, 1996,
requesting a country of origin determination for a 100 percent
silk woven scarf pursuant to Section 102.21, Customs Regulations.
A sample was submitted to this office for examination.
You also requested guidance as to how the subject
merchandise should be marked. Be advised that the Marking Branch
will issue a separate ruling letter to you on this issue.
FACTS:
The silk fabric comprising the scarf is woven in China.
The fabric is then sent to Italy where it is dyed, printed,
cut and sewn.
ISSUES:
What is the country of origin for the subject merchandise?
- 2 -
LAW AND ANALYSIS:
Pursuant to the Uruguay Round Agreements Act, new rules of
origin will be effective for textile or apparel 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or withdrawn from warehouse for consumption, on or after July 1,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
which determine country of origin. The country of origin of a
textile or apparel product will be 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.
Section 102.21(c)(2) provides for instances where the
country of origin of a textile or apparel product cannot be
determined under Section 102.21(c)(1). Section 102.21 (c)(2)
provides:
"[W]here 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."
The 100 percent silk scarf is classifiable under heading
6214, Harmonized Tariff Schedule of the United States Annotated
(HTSUSA), which provides for, in pertinent part, scarves.
Section 102.21(c)(1) does not provide the relevant analysis in
the instant case because the subject merchandise is not wholly
obtained or produced in a single country, territory, or insular
possession. Accordingly, we turn to Section 102.21(c)(2) which
directs us to paragraph (e) of this section. Paragraph (e)
states, in pertinent part, that origin is conferred in the
following situations:
6213-6214 The country of origin of a good classifiable under
heading 6213
through 6214 is the country, territory, or insular
possession in
which the fabric comprising the good was formed by a
fabric-making process.
- 3 -
The scarf is made up of fabric woven in China. Accordingly,
pursuant to Section 102.21(c)(2), China is the country of origin
for the subject merchandise.
HOLDING:
Pursuant to Section 102.21(c)(2), China is the country of
origin for the subject merchandise.
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