HQ 959386: Country of origin determination for tents; 19 CFR102.21(c)(2); tariff shift; De Minimis

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 959386
                                 
                          July 18, 1996
CLA-2   RR:TC:TE  959386  jb

CATEGORY: Classification

Debbie Bender
Marmot Mountain Ltd.
2321 Circadian Way
Santa Rosa, CA 95407

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

Dear Ms. Bender:

     This is in reply to your letter dated June 18, 1996,
requesting a country of origin determination for certain tents. 

FACTS:

     The submitted merchandise consists of a variety of styles of
tents.  The manufacturing processes are as follows:

     JAPAN

     - fabric for the outer shell is formed.

     TAIWAN

     - fabric for the door flap is formed.

     * You state that the total weight of the door flap is less
than seven percent of the total weight of the tent.

     CHINA

     - production.




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withdrawn from warehouse, for consumption, on and after July 1,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 of
the 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.
     
     General Rule (c) of Part 102.21 states that "Subject to
paragraph (d) of this section, the country of origin of a textile
or apparel product shall be determined by sequential application
of paragraphs (c)(1) through (5) of this section and, in each
case where appropriate to the specific context, by application of
the additional requiremets or conditions of  102.12 through
102.19 of this part."  Section 102.13, which sets out the De
Minimis rule states, in relevant part:


     
     (c) Foreign components or materials that do not undergo the
applicable change in tariff        classification set out in
102.21 or satisfy the other applicable requirements of that          section when incorporated into a textile or apparel
product covered by that section         shall be disregarded in
determining the country of origin of the good if the total weight
          of those components or materials is not more than 7
percent of the total weight of the           good.

     The subject tents are classified in heading 6306, Harmonized
Tariff Schedule of the United States Annotated (HTSUSA).  As you
have stated that the weight of the door flap is not more than 7
percent of the total weight of the finished tent, the door flap
is disregarded when determining country of origin.  Accordingly,
the merchandise complies with the the requisite tariff shift for
heading 6306, HTSUSA.  The country of origin of the subject
merchandise is thus, the single country where the fabric
comprising the good was formed by a fabric-making process, that
is, Japan and must be labelled accordingly.  Problems created by
Chinese regulations concerning the country of origin labels on
goods exported from China must be resolved by the exporter of the
goods.

HOLDING:

     The country of origin of the subject tents is Japan. 
Accordingly, these tents will be treated as products of Japan and
will require a Japan visa.

     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 CFR
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 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