Classification of a shawl and pouch, and country of origin determination of the shawl; 19 CFR 102.21(c)(2); tariff shift

NY F83160 March 10, 2000 CLA2-RR:NC:3:353 F83160 CATEGORY: Classification Mr. Louis Piropato Daniel F. Young, Inc. 17 Battery Place New York, N.Y. 10004-1101 RE: Classification of a shawl and pouch, and country of origin determination of the shawl; 19 CFR 102.21(c)(2); tariff shift Dear Mr. Piropato: This is in reply to your letter dated February 16, 2000, on behalf of Wild by Schutt Ltd., requesting a classification of a shawl and pouch, and a country of origin determination for a shawl, which will be imported into the United States. FACTS: The submitted sample is a shawl labeled 70% pashmina and 30% silk, composed of woven 70% wool and 30% silk fabric that is trimmed with feathers at both ends. The accompanying pouch is composed of woven 100% silk fabric. It is designed to provide storage, protection, organization and portability to clothing or other personal effects. The manufacturing operations for the shawl are as follows: The shawl fabric is formed in India and it is cut and sewn in India; it is trucked to China for attachment of the feather trim. You have stated that the pouch is made in China. ISSUE: What are the classification and country of origin of the subject merchandise? CLASSIFICATION: The applicable subheading for the shawl will be 6214.20.0000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for “Shawls, scarves, mufflers, mantillas, veils and the like: Of wool of fine animal hair.” The rate of duty will be 6.7% ad valorem. The applicable subheading for the pouch will be 4202.92.3010, Harmonized tariff Schedule of the United States (HTS), which provides for “Trunks,…traveling bags,…of textile materials,…or mainly covered with such materials or with paper: With outer surface of sheeting of plastic or of textile materials: Travel, sports and similar bags: With outer surface of textile materials: Other.” The duty rate will be 18.6% ad valorem. The shawl falls within textile category designation 459. 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 6213-6214 The country of origin of a good classifiable under heading 6213 through 6214 is the country, territory, or insular possession in which the fabric comprising the good was formed by a fabric-making process. As the shawl fabric is formed in a single country, that is, India, as per the terms of the tariff shift requirement, country of origin is conferred in India. HOLDING: The country of origin of the shawl is India. Based upon international textile trade agreements products of India are subject to quota and the requirement of a visa. This office suggests that you contact the Federal Trade Commission (FTC), Division of Enforcement, 6th and Pennsylvania Ave, N.W., Washington, D.C. 20508 regarding the proper labeling of “pashmina” items. 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 Kenneth Reidlinger at 212-637-7084. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division