CLA 2-RR:NC:TA:351F82071
Mr. Winky Chan
Hung Wai Zipper Co., Ltd.
Unit E&F, 10/F, West Gate Tower
7 Wing Hong Street
Cheung Sha Wan, Kowloon
Hong Kong
RE: Classification and country of origin determination for narrow fabric; 19 CFR 102.21(c)(2); tariff shift
Dear Mr. Chan:
This is in reply to your letter dated January 18, 2000, requesting a classification and country of origin determination for narrow fabric which will be imported into the United States.
FACTS:
The subject merchandise consists of three types of narrow fabric, designated as “A”, “B” and “C”. They were the subjects of ruling letter NY F81255. “A” is claimed to be a woven fabric, measuring one inch in width, made of 100 percent polypropylene. “B” is woven of 100 percent nylon, made of a different weave than “A”, but also measures one inch in width. “C” actually consists of two fabrics, hook and loop fastener tape, claimed to be made of 100 percent nylon and both portions measure 1.5 inches in width.
The manufacturing operations for the narrow fabrics are as follows: Yarn, which is made in Taiwan, is shipped to Hong Kong. In Hong Kong, the yarn is woven into narrow fabric and is cut to specific roll lengths. It is shipped to China where it is dyed and packed. It is then transported back to Hong Kong for shipment to the United States.
ISSUE:
What are the classification and country of origin of the subject merchandise?
CLASSIFICATION:
The applicable subheading for “A” and “B” will be 5806.32.2000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for narrow woven fabrics, other woven fabrics, of man-made fibers, other. The rate of duty will be 6.5 percent ad valorem.
The applicable subheading for “C”, both portions, will be 5806.10.2400, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for narrow woven fabrics, woven pile fabrics, of man-made fibers, fastener fabric tapes. The rate of duty will be 7 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Section 334 of that Act (codified at 19 U.S.C. 3592) provides new rules of origin for textiles and apparel entered, or withdrawn from warehouse, for consumption, on and after July 1, 1996.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 materials 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) in pertinent part 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":
HTSUS Tariff shift and/or other requirements
5806 A change to heading 5806 from any other heading except from heading 5007, 5111 through 5113, 5208 through 5212, 5309 through 5311, 5407 through 5408, 5512 through 5516, and 5801 through 5803, and provided that the change is a result of a fabric making process.
As the fabric is woven in a single country, that is, Hong Kong, as per the terms of the tariff shift requirement, country of origin is conferred in Hong Kong.
HOLDING:
The country of origin of the narrow fabrics is Hong Kong. Products of Hong Kong are not subject to quota and the requirement of a visa.
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, 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 212-637-7086.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division