HQ 959261: Country of origin determination for tents; 19 CFR102.21(c)(2); tariff shift

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 959261
                                 
                           June 6, 1996
CLA-2   RR:TC:TE  959261  jb

CATEGORY: Classification

Tara Alcamo
Columbia Shipping Inc.
138-01 Springfield Boulevard
Jamaica, New York, 11413-2691

RE:  Country of origin determination for tents; 19 CFR
102.21(c)(2); tariff shift

Dear Ms. Alcamo:

     This is in reply to your letter dated April 24, 1996, on
behalf of your client, Sunkyong America, requesting a country of
origin determination for certain tents which will be imported
into the United States sometime on or after July 1, 1996. 

FACTS:

     The submitted merchandise consists of 100 percent nylon
tents.  The manufacturing process is as follows:

     Korea-

     - nylon fabric for the tents' outer shell is formed.

     Vietnam-

     - fabric is cut and sewn into tents.

ISSUE:

     What is the country of origin of the subject merchandise?        






LAW AND ANALYSIS:

     On December 8, 1994, the President signed into law the
Uruguay Round Agreements Act.  Section 334 of that Act 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withdrawn from warehouse, for consumption, on and after July 1,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
foreign material 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) 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":

     6301-6306                     The country of origin of a
good classifiable                                 under heading
6301 through 6306 is the                                    country, territory, or insular possession in                                    which the fabric comprising the good was                    formed by a fabric-making
process.

     The subject tents are classified in heading 6306, Harmonized
Tariff Schedule of the United States Annotated (HTSUSA).  The
fabric for the subject tents is formed in Korea.  As the "fabric-making" process occurs in a single country, i.e., Korea, country
of origin is conferred by Korea.
     
HOLDING:

     The country of origin for the subject tents is Korea.

     In your letter you require information regarding the marking
of the labels, specifically, whether the labels should contain
information addressing where the fabric was made, where the
fabric was cut and assembled, and the fiber content.  The marking
of these tents as "Made in Korea", without any additional
information, is consistent with the origin rules set forth in
section 334 of the Uruguay Round Agreements Act (URAA).  These
tents will be treated as Korean products with the appropriate
HTSUSA classification number.  However, please be aware that you
should check with the Federal Trade Commission, Division of
Enforcement, located at 6th Pennsylvania Avenue, N.W.,
Washington, D.C. 20508, in regard to the marking of the tents to
include information reflective of the fiber content.

     The holding set forth 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.

     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.



                              Sincerely,




                              John Durant, Director
                              Tariff Classification Appeals
Division