CLA-2 RR:TC:TE 959673 jb
Ryden Richardson, Jr.
Carmichael International Service
533 Glendale Boulevard
Los Angeles, CA 90026-5097
RE: Country of origin determination for a baby's bib; 19 CFR
102.21(c)(2); tariff shift
Dear Mr. Richardson:
This is in reply to your letter, dated June 19, 1996, on
behalf of your client, Warner Brothers Worldwide Retail,
requesting a country of origin determination for a baby's bib
which will be imported into the United States. A sample was
submitted to this office for examination.
FACTS:
The subject merchandise, referenced style number 4511.0084,
consists of a baby's bib made of 100 percent cotton terry fabric
and featuring a patch with "Tweety Bird" on a swing, cotton
edging along the periphery of the bib, and hook and loop type
fasteners by which the bib is fastened behind the baby's neck.
The manufacturing operations are as follows:
SOUTH KOREA
- cotton terry fabric is formed;
- polyester patch featuring "Tweety Bird" is formed;
- hook and loop type fasteners are sourced;
- cotton fabric for the edging along the periphery of the
bib is formed.
SRI LANKA
- cutting;
- sewing (complete assembly of the finished bib).
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apparel entered, or withdrawn from warehouse, for consumption, on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:"
6209.20.5045-6209.90.9000 If the good consists of
two or more component parts, a change
to an assembled good of subheading
6209.20.5045 through 6209.90.9000
from unassembled components,
provided that the change is the
result of the good being wholly assembled in a single country, territory, or insular possession.
The subject bib is classified in subheading 6209.20.5050,
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA). As the subject merchandise consists of multiple
component parts which are assembled in a single country into the
finished good, the country of origin of the subject bib is the
single country where that assembly occurs, that is, Sri Lanka.
HOLDING:
The country of origin of the subject bib, referenced style
number 4511.0084, is Sri Lanka.
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