Date of exportation for quota purposes; textiles; 19 CFR § 12.130(i)

HQ 114544 December 15, 1998 QUO-1-RR:IT:EC 114544 CC CATEGORY: Entry Edward B. Ackerman, Esq. Grunfeld, Desiderio, Lebowitz & Silverman 245 Park Avenue 33rd Floor New York, NY 10167-3397 RE: Date of exportation for quota purposes; textiles; 19 CFR § 12.130(i) Dear Mr. Ackerman: This is in response to your letter of November 13, 1998, requesting a ruling concerning the applicable date of export for certain textile articles subject to quota. FACTS: The subject merchandise is classifiable under subheading 6307.90.9900 of the Harmonized Tariff Schedule of the United States (HTSUS). You state that the subject merchandise will undergo the following processing at or about the times listed: 1. December 15, 1998 - Fabric produced wholly in Country A, and some non-fabric components also originating in country A, are exported therefrom to Country B. [In Country B, the Country A fabric is cut to shape and assembled together with the non-fabric components, originating from both Country A and B]; 2. January 8, 1999 - the finished product, classifiable in subheading 6307.90.99, HTSUS, is exported from Country B; and 3. January 25, 1999 - the merchandise arrives in the United States. You request that we rule that the date of export for textile quota purposes is the date of export from the country of origin of the merchandise, which you believe is Country A. ISSUE:  What is the date of exportation for quota purposes for the subject textile goods. LAW AND ANALYSIS: In Headquarters Ruling (HQ) 962038, dated September 30, 1998, we ruled on the country of origin of the same merchandise. Although the final merchandise in that ruling is the same at issue in this case, the processing was different. In HQ 962038, the merchandise underwent processing in three countries, while in this case it undergoes processing in two countries. In that ruling we stated that if there were a change in the facts presented, the country of origin determination might be affected. In HQ 962038, we stated that 19 CFR § 102.21(e) provided that the following rule shall apply for purposes of determining the country of origin of the merchandise, classifiable under subheading 6307.90: The country of origin of a good classifiable under subheading 6307.90 is the country, territory, or insular possession in which the fabric comprising the good was formed by a fabric-making process. Applying that rule, we found in HQ 962038 that “[a]s the tariff shift directs us to focus solely on the process of fabric formation for merchandise classifiable within that subheading (and not any foreign components, such as in this case, the zipper), and the only fabric which is at issue in the case of the subject merchandise is the fabric woven in Country A, the country of origin of the subject merchandise is Country A.” In the revised facts presented in this case, still the only fabric at issue is the fabric woven in Country A. Consequently, the country of origin remains Country A for the facts presented to us in this case. Concerning the date of exportation, 19 CFR § 12.130(i) provides the following: For quota, visa or export license requirements, and statistical purposes, the date of exportation for textiles or textile products subject to section 204, Agricultural Act of 1956, as amended, shall be the date the vessel or carrier leaves the last port in the country of origin, as defined by this section. Contingency of diversion in another foreign territory or country shall not change the date of exportation for quota, visa or export license requirements or for statistical purposes. Based on the information you have provided, the merchandise will be exported from the country of origin, Country A, in December 1998. Accordingly, in application of 19 CFR § 12.130(i), the date of exportation for quota, visa or export license purposes will be in 1998. We note that for information on preparing the Customs Form (CF) 7501 for this scenario, please see TBT-98-014, dated February 24, 1998. HOLDING: The date of exportation for the subject textile goods is the date the goods are exported from the country of origin. Sincerely, Jerry Laderberg Chief Entry Procedures and Carriers Branch