CLA-2 RR:TC:TE 959297 jb
J. Alvarez
Multifil Import & Export GMBH
Kaiserswerther Str. 85C
40882 Ratingen, Germany
RE: Country of origin determination for fabric; 19 CFR
102.21(c)(2); tariff shift
Dear Mr. Alvarez:
This is in reply to your fax, dated May 29, 1996,
supplemented by additional information via telephone on April 8,
1997, requesting a country of origin determination for certain
fabric which will be imported into the United States.
FACTS:
You state that the finished goods consist of the following:
1. Viscose crepe, which you state is classifiable in
subheading 5408.24.0000;
2. Viscose crepe, which you state is classifiable in
subheading 5516.14.0000;
3. Javanaise, which you state is classifiable in subheading
5516.24.0000;
4. Viscose Cinkel, which you state is classifiable in
subheading 5516.14.0000;
5. Crep Marocain, which you state is classifiable in
subheading 5516.24.0000;
6. Mousseline, which you state is classifiable in subheading
5516.14.0000.
The facts in your original fax leave some ambiguity as to
the actual countries involved in the manufacture of the subject
merchandise. From the information we received via telephone we
understand the manufacturing processes to be as follows:
CZECHOSLOVAKIA or TURKEY
fabric is woven
GERMANY
finishing, washing, printing
If these facts are incorrect you should resubmit your country of
origin ruling request to this office with the correct
information.
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apparel entered, or withdrawn from warehouse, for consumption, on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:"
5407-5408 A change to heading 5407 through 5408 from
any heading outside that group, provided that
the change is the result of a fabric-making process.
5512-5516 A change to heading 5512 through 5516 from
any heading outside that group, provided that
the change is the result of a fabric-making process.
You state that the subject merchandise is classifiable in
either headings 5408 or 5516, Harmonized Tariff Schedule of the
United States (HTSUS). As the fabric making process for all of
the subject merchandise occurs in a single country, that is,
either Czechoslovakia or Turkey, country of origin is conferred
in either Czechoslovakia or Turkey.
HOLDING:
The country of origin of the subject woven fabric is either
Czechoslovakia or Turkey, that is, the country where the fabric
formation occurs.
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