The tariff classification, marking, country of origin and status under the North American Free Trade Agreement (NAFTA), of hair ribbons from Mexico; Article 509

N274968 May 17, 2016 CLA-2-63:OT:RR:NC:N3:351 CATEGORY: Classification TARIFF NO.: 6307.90.9889 Mrs. Constanza Marquez Privada La Haba 1 Colonia Agricola Lazaro Cardenas Metepec, Mexico 52148 Mexico RE: The tariff classification, marking, country of origin and status under the North American Free Trade Agreement (NAFTA), of hair ribbons from Mexico; Article 509 Dear Mrs. Constanza: In your letter dated April 18, 2016, you requested a tariff classification ruling. You submitted a photograph of a knotted fringe hair ribbon. The hair ribbon is composed of woven rayon and polyester fabric. It is handmade on a loom with hand tied knotted fringe ends. Because the ends of the ribbon are frayed and then knotted by hand, this product is considered to be “made up” as that term is defined in Note 7(d) to Section XI, Harmonized Tariff Schedule of the United States (HTSUS). The ribbon measures approximately 2" x 41" with the fringe ends adding an additional 4” in length. The ribbons are to be used to adorn the hair. You state that the ribbons will be imported in an assortment of colors. The applicable subheading for knotted fringe hair ribbons will be 6307.90.9889, HTSUS, which provides for other made up textile articles, other. The rate of duty will be 7% ad valorem. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at https://hts.usitc.gov/current. COUNTRY OF ORIGIN - LAW AND ANALYSIS: Section 334 of the Uruguay Round Agreements Act (codified at 19 U.S.C. 3592), enacted on December 8, 1994, provided rules of origin for textiles and apparel entered, or withdrawn from warehouse for consumption, on and after July 1, 1996. Section 102.21, Customs Regulations (19 C.F.R. 102.21), published September 5, 1995 in the Federal Register, implements Section 334 (60 FR 46188). Section 334 of the URAA was amended by section 405 of the Trade and Development Act of 2000, enacted on May 18, 2000, and accordingly, section 102.21 was amended (68 Fed. Reg. 8711). Thus, the country of origin of a textile or apparel product shall be determined by the sequential application of the general rules set forth in paragraphs (c)(1) through (5) of Section 102.21.Paragraph (c)(1) states, “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, “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, 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: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. The weaving of the ribbon was performed by hand in Mexico, therefore, the goods may be marked as a product of Mexico.  NAFTA: Your letter did not provide enough information for us to make a NAFTA determination for the knotted fridge ribbon. In order to determine the NAFTA eligibility of the knotted fringe ribbons we need the following information: What is the fiber content? Where are the fibers produced? Where is the yarn produced? If man-made fibers, where are they extruded, and where are the polymers manufactured? This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181). 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 Adleasia Lonesome at adleasia.a.lonesome@cbp.dhs.gov. Sincerely, Deborah C. Marinucci Acting Director National Commodity Specialist Division