HQ 959495: Country of origin determination for cushion covers and chairpad; 19 CFR 102.21(c)(1); wholly obtained or produced

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 959495
                                 
August 6, 1996                   
CLA-2   RR:TC:TE  959495  jb

CATEGORY: Classification

Thomas F. Bell
Park Imports
P.O. Box 10038
Goldsboro, North Carolina 27532

RE:  Country of origin determination for cushion covers and chair
pad; 19 CFR 102.21(c)(1);    wholly obtained or produced

Dear Mr. Bell:

     This is in reply to your letter dated July 9, 1996,
requesting a country of origin determination for cushion covers
and a chair pad which will be imported into the United States. 
Samples were submitted to this office for examination.

FACTS:

     The subject merchandise consists of 4 types of cushion
covers and a chair pad made out of 100 percent yarn-dyed cotton
fabric.  The first cushion cover measures approximately 11-1/2
inches by 12 inches and features three-3/4 inch wooden buttons at
the top for closure.  The second cushion cover measures 15-1/2
inches by 15-1/2 inches and features a 4-« inch overlapping flap
with three one inch buttons for closure.  The third cushion cover
measures 11-1/2 inches by 11-1/2 inches and features a nylon
zipper at the top for closure. The fourth cushion cover measures
15-1/2 inches by 15-1/2 inches and features a nylon zipper at the
top for closure.  The chair pad measures 18-1/2 inches by 19
inches and features two 11 inch ties and four tufts.
Although you state in your letter that the subject merchandise is
"hand-loomed", for your information the subject merchandise is
not quota exempt under the bilateral textile agreement between
the United States and India.  Accordingly, this merchandise is
subject to quota.  

     All of the subject merchandise is imported from India and
fiberfill pillows will be inserted in the United States. 
Completed cushion covers and chair pads will be used as
decorative accessories on sofas, chairs and beds.

     


  The manufacturing operations are as follows:

     INDIA

     - fabric is formed;
     - fabric is cut;
     - zippers are sourced;
     - buttons are sourced;
     - sewing. 

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 (codified
at 19 U.S.C. 3592) 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 wholly obtained or
produced in a single country, that is India, the country of
origin of the subject merchandise is India.
     
HOLDING:

     In the case of the submitted cushion covers and chair pad,
the country of origin is India.
     
     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 section states that a ruling letter is issued
on the assumption that all of the information furnished in the
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