HQ 959331: Country of origin determination for a silk scarf; 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 959331
                                 
June 26, 1996                    
CLA-2   RR:TC:TE  959331  jb

CATEGORY: Classification

Robert L. Eisen, Esq.
Paul J. Crowley, Esq.
Coudert Brothers
1114 Avenue of the Americas
New York, NY 10036-7703

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

Dear Mr. Eisen and Mr. Crowley:

     This is in reply to your letter dated June 5, 1996, on
behalf of your client, William Rondina, Inc., requesting a
country of origin determination for a silk scarf which will be
imported into the United States sometime on or after July 1,
1996.  A sample was submitted to this office for examination.

FACTS:

     The subject merchandise consists of a scarf made out of 100
percent silk or a fiber blend consisting of 85 percent silk and
15 percent wool fabric.  The manufacturing operations are as
follows:

     China

     - piece or gray goods are woven.
     
     Korea

     - fabric is cut to scarf-size dimensions;
     - fabric is printed with a variety of decorative patterns;
     - fabric is hemmed along the borders.

     * Alternatively, the fabric may be printed in the piece,
prior to cutting and hemming.



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withdrawn from warehouse, for consumption, on and after July 1,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:"

     6213-6214      The country of origin of a good classifiable
under heading 6213                 through 6214 is the country,
territory, or insular possession in                    which the
fabric comprising the good was formed by a fabric-                    making process.

     The subject merchandise is classifiable as a silk scarf in
heading 6214, Harmonized Tariff Schedule of the United States
(HTSUS).  As the subject silk scarf is comprised of fabric formed
by a fabric making process in a single country, that is, China,
the country of origin of the subject silk scarf is China and
should be marked, labeled, and otherwise treated, as a product of
China.
     
HOLDING:

     The country of origin of the subject silk scarf is China.


     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