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HQ 087585

August 13, 1990

CLA-2 CO:R:C:G 087585 HP


Ms. Grace Howe
Tego Limited
5959 Topanga Canyon Blvd.
Suite 380
Woodland Hills, CA 91367

RE: HRL 086779 modified. The identity of relevant countries in country of origin determination does not matter for quota or visa purposes. Canada; China; Fiji; diapers

Dear Ms. Howe:

This is in reply to your letter of July 24, 1990, concerning the country of origin determination of diapers.


The factual situation is said to be exactly the same as we outlined in our ruling HRL 086779 of April 25, 1990, except that the identity of Country 2 may be Fiji. Therein, we stated:

The merchandise at issue consists of
100% cotton babies' diapers. The following tables describe the manufacturing processes.

China Production Steps (CAD$ 2.915/Dozen)

1. 100% cotton cloth is woven.
2. The cloth is shipped to Canada [now
Fiji] on large rolls.

Canada [now Fiji] Production Steps (CAD$ 3.2714/Dozen)

1. Two layers of fabric are placed onto the cutting table.
2. The fabric is cut to size (24" wide x
16" long).
3. The sides of the two layers of fabric are folded over (left: 4" right: 8").
4. The center panels are sewn using a straight sewing machine.
5. The sewn fabric is taken to a serging machine, where the top and bottom edges are trimmed and overedged.
6. The threads from all edges are trimmed, as a trailer thread of at least 1/2" is required.
7. The diaper is inspected.
8. The completed merchandise is packaged into cartons and shipped.

In addition to the change in the identity of Country 2, you state that the Country 2 costs will be slightly less, although they will still be higher than China production costs.


Whether the potential change in the identity of Country 2 will change the country of origin determination under 19 C.F.R. 12.130?


Textile commodities produced in more than one foreign country are subject, for quota/visa purposes, to the country of origin requirements delineated in section 12.130 of the Customs Regulations (19 C.F.R. 12.130). The same guidelines apply irrespective of the identity of the relevant countries. The analysis and conclusion we transcribed in HRL 086779, therefore, are still valid now that Country 2 may be Fiji.


As a result of the foregoing, the instant merchandise is considered to be a product of Fiji for quota/visa purposes.

In HRL 086779, we inadvertently stated that "[i]t is clear that this provision does not disqualify the diapers from con- sideration as products of Mozambique or Zimbabwe." Mozambique and Zimbabwe were not relevant to your ruling; Canada was the correct country. In this respect, therefore, HRL 086779 is modified.

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 177.9(b)(1), Customs Regulations (19 C.F.R. 177.9(b)(1)). This section states that a ruling letter is issued on the assumption that all of the information furnished in connection with the ruling request and incorporated in the ruling letter, either directly, by reference, or by implication is accurate and complete in every material respect. Should it subsequently be 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 a country of origin. Accordingly, it is recommended that a new ruling request be submitted in accordance with section 177.2, Customs Regulations (19 C.F.R. 177.2).

This notice to you should be considered a modification of HRL 086779 of April 25, 1990, as to the merchandise described as diapers, under 19 C.F.R. 177.9(d)(1) (1989).


John Durant, Director
Commercial Rulings Division

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