CLA 2-RR:NC:TA:N3:358 G83630
Ms. Debbie Mayard
Hamco
16131 Highway 44 North
Prairieville, LA 70769
RE: Classification and country of origin determination for infants’ bibs; 19 CFR 102.21(c)(2); tariff shift
Dear Ms. Mayard:
This is in reply to your letter dated October 25, 2000, requesting a classification and country of origin determination for two babies’ bibs, Style 1800 and Style SB-205, which will be imported into the United States. Both styles are made in Hong Kong from printed cotton woven terry fabric that is produced in China.
FACTS:
The bibs have pullover styling with rib knit fabric at the enclosed neck opening. The bib, Style SB-205, has embroidery, appliquework and a noise squealer embedded between the textile applique and the terry fabric. The articles are sized for infants up to 24 months of age.
You state that the manufacturing operations for the bib, Style 1800, are as follows:
Case 1.
China
Fabric is woven in China, reactive print in China.
Hong Kong
Cut and sew into bib in Hong Kong. Package in Hong Kong.
Case 2.
Hong Kong
Fabric is woven in Hong Kong.
China
Reactive print in China.
Hong Kong
Cut and sew into bib in Hong Kong. Package in Hong Kong.
You state that the manufacturing operations for the bib, Style SB-205 are as follows:
Case 1.
China
Fabric woven in China.
Hong Kong
Applique and embroidery in Hong Kong. Cut and sew into bib in Hong Kong. Package in Hong Kong.
Case 2.
Hong Kong
Fabric is woven in Hong Kong.
China
Applique and embroidery in China.
Hong Kong
Cut and sew into bib in Hong Kong. Package in Hong Kong.
Case 3.
China
Fabric is woven in China. Applique and embroidery in China.
Hong Kong
Cut and sew into bib in Hong Kong. Package in Hong Kong.
ISSUE:
What are the classification and country of origin of the subject merchandise?
CLASSIFICATION:
The applicable subheading for the infants’ cotton woven bibs, Style 1800 and Style SB-205 will be 6209.20.5050, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for babies’ garments and clothing accessories, of cotton, other, other. The rate of duty will be 9.5 percent ad valorem.
Infants’ cotton bibs fall within textile category designation 239. The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.GOV. In addition, 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 and should also be verified at the time of shipment.
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
6209.20.5045-6209.90.9000 1) If the good consists of two or more component parts, a change to an assembled good of subheading from unassembled components, provided that the change is the result of the good being wholly assembled in a single country, territory or insular possession.
As the infants’ bibs, Style 1800 and Style SB-205, consist of two or more component parts which were combined in a single country, that is, wholly assembled, as per the terms of the tariff shift requirement, country of origin is conferred in Hong Kong. As such, Section 102.21(c)(2) is applicable.
HOLDING:
The country of origin of the infants’ bibs, Style 1800 and Style SB-205 is Hong Kong. Based upon international textile trade agreements products of 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 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 Bruce Kirschner at 212-637-7079.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division