Classification and country of origin determination for a scarf; 19 CFR 102.21(c)(2); tariff shift

NY C83718 February 11, 1998 CLA-2-RR:NC:3:353 C83718 CATEGORY: Classification Mr. James Kelly Barthco Trade Consultants, Inc. 7575 Holstein Ave. Philadelphia, PA 19153 RE: Classification and country of origin determination for a scarf; 19 CFR 102.21(c)(2); tariff shift Dear Mr. Kelly: This is in reply to your letter dated January 23, 1998, requesting a classification and country of origin determination for a scarf which will be imported into the United States. FACTS: The instant sample, style 11967738 is a rectangular shaped scarf with wool fringe at each end. The scarf consists of light blue (solid) yarns which are 100% wool, and tweedy yarns (light blue w/multi colored specs), which are 44% wool, 10% mohair, 3% linen and 3% viscose. The manufacturing operations for the scarf are as follows: The scarf is knitted in China. The solid yarns are produced in China and the tweedy yarns are produced in Italy. ISSUE: What are the classification and country of origin of the subject merchandise? CLASSIFICATION: The applicable subheading for the scarf will be 6117.10.1000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for "Other made up clothing accessories, knitted or crocheted; knitted or crocheted parts of garments or of clothing accessories: Shawls, scarves, mufflers, mantillas, veils and the like: Of wool or fine animal hair. The rate of duty will be 10% ad valorem. The scarf, style 11967738 falls within textile category designation 459. 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: 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 6101-6117 The country of origin of a good classifiable under heading 6101 through 6117 is the country in which the good was knit to shape, a change to heading 6101 through 6117 from any heading outside that group, provided that the knit-to-shape components are knit in a single country, territory, or insular possession. As the scarf was knitted in a single country, that is China, as per the terms of the tariff shift requirement, country of origin is conferred in China. HOLDING: The country of origin of the scarf 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 CFR 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 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 353 at 212-466-5881. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division