us-cbp-cross-rulings-hq-954224•HQ 954224: Country of Origin of Quilts; Top Fabric From China
HQ 954224: Country of Origin of Quilts; Top Fabric From China
us-cbp-cross-rulings-hq-954224HQ 954224: Country of Origin of Quilts; Top Fabric From ChinaGuidance
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 954224
JUNE 21, 1993
CLA-2:CO:R:C:G 954224 PR
CATEGORY: Classification
Ms. Janet Gagnon
New Brunswick
P.O. Box 6000
Fredericton, New Brunswick
Canada E3B 5H1
RE: Country of Origin of Quilts; Top Fabric From China
Dear Ms. Gagnon:
This is in reply to your letter of May 20, 1993, concerning
the country of origin of certain quilts. A sample was submitted.
FACTS:
You state that hand embroidered tops of quilts, either
cotton, polycotton, or silk, from China, will be imported into
Canada where they will be combined with filling and bottom pieces
and finished into completed quilts. The filling and bottom
fabric will be sourced in either Canada or the United States.
The submitted sample is rectangular in shape and measures
approximately 90 by 100 inches. It is pieced together from
fabrics of different colors. Two of the fabrics which form a
large circle have been shirred. There is piping (less than 1/4
inch in width) and embroidery on the quilt.
ISSUE:
You asked three questions:
1. What is the country of origin of the quilts?
2. Are the quilts subject to any textile import
restrictions in the United States?
3. Will the quilts qualify for preferential treatment under
the North American Free Trade Agreement (NAFTA)?
LAW AND ANALYSIS:
Section 12.130, Customs Regulations (19 CFR 12.130),
provides, in pertinent part, as follows:
-2-
(b) Country of origin. For the purpose of this section
* * * a textile or textile product, subject to section
204, which consists of materials produced or derived
from, or processed in, more than one foreign territory
or country, or insular possession of the U.S., shall be
a product of that foreign territory or country, or
insular possession where it last underwent a
substantial transformation. A textile or textile
product will be considered to have undergone a
substantial transformation if it has been transformed
by means of substantial manufacturing or processing
operations into a new and different article of
commerce.
* * *
(d) Criteria for determining country of origin. The criteria
in
paragraphs
(d)(1) and
(2)
of
this
section
shall
be
considered
in
determining the
country of
origin of
imported
merchandise.
These
criteria
are
not
exhaustive.
One
or
any
combination of
criteria
may
be
determinative,
and
additional
factors
may
be
considered.
(1) A new and different article of commerce will
usually result from a manufacturing or processing
operation if there is a change in:
(i) Commercial designation or identity,
(ii) Fundamental character or
(iii) Commercial use.
(2) In determining whether merchandise has been
subjected to substantial manufacturing or
processing operations, the following will be
considered:
(i) The physical change in the material or article
as a result of the manufacturing or processing
operations in each foreign territory or country,
or insular possession of the U.S.
(ii) The time involved in the manufacturing or
processing operations in each foreign territory or
country, or insular possession of the U.S.
(iii) The complexity of the manufacturing or
processing operations in each foreign territory or
country, or insular possession of the U.S.
(iv) The level or degree of skill and/or technology
required in the manufacturing or processing
operations in each foreign territory or country,
or insular possession of the U.S.
(v) The value added to the article or material in
each foreign territory or country, or insular
possession of the U.S., compared to its value when
imported into the U.S. -3-
When weighing all the above factors, it is our view that the
decorative top fabric should determine the country of origin of
the subject quilt. It is that fabric that gives the quilt its
character. It is that fabric which will cause a person to buy or
not buy the quilt. While we have not been furnished with any
specific information concerning the manufacturing processes
involved in the fabrication of the quilt, based on our prior
experience, the design and manufacture of the type of top fabric
described requires a significant amount of skill and time; more
so than the other processes performed in Canada. This position
is in accord with HQ 951210, dated April 24, 1992.
The North American Free Trade Agreement (NAFTA) has not been
approved by the United Stated Congress. Accordingly, it is not a
law within the purview of 177, Customs Regulations (19 CFR
177), on which the U.S. Customs Service can give rulings.
HOLDING:
The sample quilt is a product of China and, depending on the
composition of the top fabric, will be subject to any textile
restraints applicable to products of that country--textile
category 362 if cotton, or textile category 666 if man-made
fibers. If the top fabric is 85 percent or more by weight of
silk, it is not presently subject to textile restraints.
Section 177.9(b)(1), Customs Regulations (19 CFR 177.9
(b)(1), states that a ruling is issued on the assumption that all
of the information furnished in connection with the ruling
request and incorporated in the ruling letter, either directly,
by reference, or by implication, is accurate and complete in
every material respect. Accordingly, the holding set forth above
applies only to the specific factual situation and the
merchandise identified in the ruling request. Should it
subsequently be 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. If there is a
change in the facts furnished, the holding in this ruling may be
affected. In such an event, it is recommended that a new ruling
request be submitted in accordance with Section 177.2, Customs
Regulations (19 CFR 177.2).
Sincerely,
John Durant, Director
Commercial Rulings Division
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