CLA-2-RR:NC:TA:341 C88163
Ms. Arlen T. Epstein
Serko & Simon LLP
Counsellors at Law
One World Trade Center - Suite 3371
New York, NY 10048
RE: Classification and country of origin determination for a child's purse;
19 C.F.R. §102.21(c)(2); tariff shift.
Dear Ms. Epstein:
This is in reply to your letter dated May 26, 1998, on behalf of Russ
Berrie and Co., Inc., requesting a classification and country of origin
determination for a child's purse which will be imported into the United States.
FACTS:
The subject merchandise consists of a child's purse of textile material,
identified as item 4193. It is wholly covered with a fabric consisting of an
open complex weave of multiple yarns. The yarns are said to be of 100 percent
linen fibers. The bag has an inner layer and lining of textile fabrics. The
complex woven fabric imparts the essential character of the bag.
Your sample is being returned as you requested.
The manufacturing operations for the child's purse are as follows:
All materials are sourced in Taiwan in bolt form. The fabric is cut to
shape and length in China and sewn into the fabric bag.
ISSUE:
What are the classification and country of origin of the subject
merchandise?
CLASSIFICATION:
The applicable subheading for the child's purse of 100 percent linen will
be 4202.22.6000, Harmonized Tariff Schedule of the United States Annotated
(HTSUSA), which provides for handbags, whether or not with shoulder strap,
including those without handle, with outer surface of textile materials, other,
of vegetable fibers and not of pile or tufted construction, other. The rate of
duty will be 6.3 percent ad valorem.
The purse falls within textile category designation 871. The designated
textile and apparel categories may be subdivided into parts. If so, visa and
quota requirements applicable to the subject merchandise may be affected. Part
categories are the result of international bilateral agreements which are
subject to frequent renegotiations and changes. To obtain the most current
information available, we suggest that you check, close to the time of shipment,
the Status Report on Current Import Quotas (Restraint Levels), an internal
issuance of the U.S. Customs Service, which is available for inspection at your
local Customs office.
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
4202.22.40-4202.22.80 A change to subheading 4202.22.40
through 4202.22.80 from any other
heading, providing that the change is the
result of the good being wholly assembled in
a single country territory or insular possession.
As the purse is wholly assembled in a single country, that is, changed, as
per the terms of the tariff shift requirement, country of origin is conferred in
China.
HOLDING:
The country of origin of the purse is China. Based upon international
textile trade agreements products of China are 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 C.F.R. §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 C.F.R.
§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 C.F.R. §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 Kevin Gorman at 212-466-5893.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division