HQ 084772: Country of origin of curtains, priscillas, and bedspreads

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            HQ 084772

                          July 21, 1989



CLA-2  CO:R:C:G   084772 CC

CATEGORY:  Classification

Mr. Steven L. Markowitz
President
Max Kahn Curtain Corporation
261 Fifth Avenue
New York, N.Y.  10016

RE:  Country of origin of curtains, priscillas, and bedspreads

Dear Mr. Markowitz:

     This letter is in response to your inquiry of May 10, 1989,
requesting visa, country of origin, and classification
information concerning curtains, priscillas, and bedspreads.

FACTS:

     In your letter, you described two fact patterns.  The first
fact pattern was that fabric from Pakistan, China, or Thailand
would be shipped to the United States for dyeing or printing.
Then the fabric would be shipped to Haiti to be manufactured into
curtains, priscillas, and bedspreads in Haiti, and the finished
goods would be imported into the United States.  The second fact
pattern is the same as the first, except that the fabric would be
imported from Korea and then would be shipped to Haiti for
storage before being dyed or printed in the United States.  No
samples or specific descriptions of the goods to be imported was
provided to us.

ISSUE:

     What is the country of origin of the merchandise at issue?

LAW AND ANALYSIS:

     In the absence of samples and specific descriptions of the
goods to be imported, we are unable to issue a binding ruling
concerning country of origin or provide you with information
concerning visa requirements or classification.  We are able to
comment on country of origin, based on the information provided
to us.

     Country of origin is determined by the application of
Section 12.130 of the Customs Regulations.  In determining the
country of origin of textile and textile products which consist
of materials produced or derived from, or processed in, more than
one country, the imported article is considered to be a product
of the country in which the last substantial transformation took
place.  A substantial transformation of a textile or a textile
product is said to occur if a commodity undergoes a
transformation by means of substantial manufacturing or
processing into a new and different article of commerce.  Under
19 CFR 12.130(e), the cutting of fabric into parts and the
assembly of those parts into the complete article will result in
the processing country being considered the country of origin.
From the information you provided to us, we assume that unmarked
and uncut fabric will be cut and sewn into the finished articles
in Haiti.  Thus, it appears that the country of origin of the
finished curtains, priscillas, and bedspreads would be Haiti.
The country of origin would be the same for both fact patterns.

     Based on the information provided to us, it appears that the
country of origin of the finished articles would be Haiti.




                                   Sincerely,





                                   John Durant, Director
                                   Commercial Rulings Division