HQ 085893: Country of origin of certain scarves

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 085893

                                February 22, 1990


      CLA-2 CO:R:C:G  085893  CMR

      CATEGORY: Classification

      TARIFF NO.: 6214.40.0000

      Ms. Ann Williams
      A.N. Deringer, Inc.
      30 West Service Road
      Champlain, New York  12919-9703

      RE: Country of origin of certain scarves

      Dear Ms. Williams:

           This ruling is in response to your letter of October 27, 1990,
      on behalf of your client, Zandraz Accessoires Canada Inc., requesting
      a determination of the country of origin of certain scarves.  A
      sample scarf has been submitted for our review.

      FACTS:

           The submitted scarf is made in Canada of 100 percent woven rayon
      fabric imported from India in bolts of 44" wide x 120 meters long.
      In Canada, the imported fabric is cut to 20" x 72" lengths, sewn on
      all four sides, labeled, ticketed, and prepacked for shipping.  The
      finished scarf submitted for our review measures approximately 68" x
      16".

      ISSUE:

           Are the operations which will be performed in Canada sufficient
      to establish the country of origin of the scarves as Canada?

      LAW AND ANALYSIS:

           For a textile product to be considered a product of a particular
      country, it must have undergone its last substantial transformation
      within that country.  "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.  (Emphasis
      added).  19 CFR 12.130(b).











                                       -2-


           The operations which occur in Canada are similar to those set
      forth in your April 20, 1989, request on behalf of your client
      Zandraz Accessoires regarding a country of origin determination of
      certain rayon scarves.  That request was answered in HRL 084272 of
      August 18, 1989, which has been enclosed for your reference.  There
      appear to be only two minor differences between the operations set
      forth in your April 20th letter and the operations set forth in your
      October 27th letter.

           In your April letter, the imported fabric was being shipped in
      36" lengths and cut on only two sides; now, it is being shipped in
      fabric bolts and cut on all four sides.  In addition, in the April
      letter, you stated the cost of the work performed in Canada
      represented approximately 60 percent of the selling price of a scarf.
      In your October letter, it is stated that the cost of the work
      performed in Canada represents 75 percent of the selling price of a
      scarf.

           We remain of the opinion that the cutting and hemming operations
      which take place in Canada are simple, not substantial, operations
      which do not significantly change the essence of the article which in
      this case is the fabric.  The additional operations, labeling,
      ticketing and prepackaging, are also considered simple operations.
      We do not believe the country of origin of the scarves is changed
      within the requirements of 19 CFR 12.130.  The country of origin
      remains India.

           As to the classification of the submitted scarf.  In HRL 084272,
      we stated that since the article is somewhat larger than usual for a
      scarf and is made of transparent fabric, it should be considered a
      veil.  Upon reconsideration, we believe the article is commercially
      recognized and sold as a scarf and we will therefore consider it to
      be a scarf of heading 6214, HTSUSA.  In accordance with 19 CFR
      177.9(d), HRL 084272 is hereby modified to reflect this change.
      Whether the article is considered a scarf or veil makes no difference
      in its classification since both are classified in the same
      subheading.

      HOLDING:

           The country of origin for the submitted scarf is India.  The
      scarf is classifiable under the provision for shawls, scarves,
      mufflers, mantillas, veils and the like, of artificial fibers, in
      subheading 6214.40.0000, HTSUSA, textile category 659, dutiable at
      10.6 percent ad valorem.  This merchandise is presently subject to a
      visa requirement and quota restraints based upon international
      textile trade agreements.

           The designated textile and apparel category may be subdivided
      into parts.  If so, the visa and quota requirements applicable to the
      subject merchandise may be affected.  Since part categories are the











                                       -3-


      result of international bilateral agreements which are subject to
      frequent renegotiations and changes, to obtain the most current
      information available, we suggest you check, close to the time of
      shipment, the Status Report On Current Import Quotas (Restraint
      Levels), an internal issuance of the U.S. Customs Service, which is
      updated weekly and is available for inspection at your local Customs
      office.

           Due to the changeable nature of the statistical annotation (the
      ninth and tenth digits of the classification) and the restraint
      (quota/visa) categories, you should contact your local Customs office
      prior to importation of this merchandise to determine the current
      status of any import restraints or requirements.


                                      Sincerely,



                                      John Durant, Director
                                      Commercial Rulings Division








































      6cc: Area Director, New York Seaport
      1cc: CITA
      1cc: Legal Reference Section
      1cc: Phil Robins