HQ 959364: Country of origin determination for a fabric roller shade;19 CFR Section 102.21(c)(2) and (e)

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 959364
                    
                    July 23, 1996

CLA-2 RR:TC:TE 959364 NLP

CATEGORY: Classification

Ms. Emmy Tan
Vertex International of America, Inc.
620 Tinton Avenue
Building B- 2nd Floor
Tinton Falls, NJ  07724

RE:  Country of origin determination for a fabric roller shade;
19 CFR Section 102.21(c)(2) 
     and (e)

Dear Ms. Tan:

     This is in reply to your letter dated May 21, 1996,
requesting a country of origin determination for a fabric roller
shade.  A sample shade was submitted for our examination. 

FACTS:

     The submitted sample is a textile roller window shade.  The
shade is made of a blend of 65 percent woven polyester and 35
percent woven rayon fabric.  This shade will be imported in sizes
ranging from 25-1/4 inches by 72 inches to 73-1/4 inches by 72
inches.  The submitted sample has a plain hem.  However, your
letter indicates that the hem will have a fringe made of 100
percent polyester yarns.  At the top of the shade is an attached
roller, which is made from paper with metal and plastic end caps. 
The metal cap contains the roller mechanism.  

     The manufacturing operations are as follows:

     TAIWAN
     Fabric is woven, dyed and finished (we assume this includes
the fringe)
     Ends caps are produced   
     
     CHINA
     Paper roller is produced 
     Fabric is cut  
     Shade is assembled 

ISSUE:

     What is the country of origin of the fabric roller shade?
 
LAW AND ANALYSIS:

     Pursuant to the Uruguay Round Agreements Act, new rules of
origin will be effective for textile products entered, or
withdrawn from warehouse for consumption, on or after July 1,
1996.  These rules were published in the Federal Register, 60
Fed. Reg. 46188 (September 5, 1995).  Section 102.21, Customs
Regulations (19 CFR Section 102.21), sets forth the general rules
which determine country of origin.  The country of origin of a
textile product will be determined by a hierarchy of rules set
forth in paragraphs (c)(1) through (c)(5) of Section 102.21.  

     Section 102.21(c)(1) sets forth the general rule for
determining the country of origin of a textile product in which
the good is wholly obtained or produced in a single country,
territory, or insular possession.   It states the following: 

          The country 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.

     Section 102.21(c)(2) provides for instances where the
country of origin of a textile product cannot be determined under
Section 102.21(c)(1).  Section 102.21(c)(2) provides the
following:

          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."  The
following provision is applicable in this instance:
     
     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 fabric roller shade is classifiable in
subheading 6303.92.2000, Harmonized Tariff Schedule of the United
States (HTSUS), which provides for "Curtains (including drapes)
and interior blinds; curtain or bed valances: Other: Of synthetic
fibers: Other."  As the fabric comprising the roller shade is
formed in one country, that is, Taiwan, the country of origin of
the roller shade is conferred by Taiwan.

HOLDING:

     The country of origin for the fabric roller shade is Taiwan.

     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 C.F.R.
177.9(b)(1).  This sections 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 C.F.R.
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 C.F.R. 177.2.

                                   Sincerely,



                                   John Durant, Director
                                   Tariff Classification Appeals
Division