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HQ 960173

March 20, 1997

CLA-2 RR:TC:TE 960173 CAB


James P. Sullivan, Esq.
Sullivan & Lynch, P.C.
156 State Street
Boston, Massachusetts 02109-2508

RE: Country of origin of an Appliance Strap; Section 102.21(c)(2), Customs Regulations

Dear Mr. Sullivan:

This is in response to your inquiry of December 4, 1996, requesting a tariff classification and country of origin determination for an appliance strap on behalf of Safety 1st, Inc. The tariff classification issue was addressed in NY B80130, dated December 16, 1996. Thus this ruling will only address the country of origin question. A sample was submitted for examination.


The article at issue is described as a "child proof appliance strap" and is referred to as Item No. 121. Specifically, the strap is designed to deter toddlers from opening a refrigerator. The strap is comprised of a woven man-made fiber with loop pile similar to Velcro brand type fabric. The strap measures 6 inches by 1« inches and contains a rounded end. The non-rounded end of the strap is welded to a 1« inch square woven man-made fiber fabric which has an adhesive attached to it. Another 1« inch square woven man-made fiber fabric with hook pile containing an adhesive backing is included and designed to be secured to the door of the appliance. Both fabrics are woven in Taiwan. The fabrics are then exported to Hong Kong where they are cut to shape and size, welded, and packaged for exportation to the United States.


What is the country of origin of the subject merchandise?


Pursuant to Section 334 of the Uruguay Round Agreements Act (codified at 19 USC Section 3592), new rules of origin were effective for textile products entered, or withdrawn from warehouse, for consumption on or after July 1, 1996. These rules were published in the Federal Register, 60 Fed. Reg. 46188 (September 5, 1995). Section 102.21, Customs Regulations (19 CFR Section 102.21), sets forth the general rules to determine country of origin. Thus, the country of origin of a textile product is determined by a hierarchy of rules set forth in paragraphs (c)(1) through (c)(5) of Section 102.21.

Section 102.21(c)(1) sets forth the general rule for determining the country of origin of a textile or apparel product when the good was wholly obtained or produced in a single country, territory, or insular possession. As the subject strap has not been wholly obtained or produced in a single country, territory, or insular possession, this section is inapplicable.

Section 102.21(c)(2) provides for instances where the country of origin of a textile or apparel product cannot be determined under Section 102.21(c)(1).

Section 102.21(c)(2) provides, in pertinent part:

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.

Specific rules by tariff classification. 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:

6307.90 The country of origin of a good classifiable under subheading 6307.90 is the country, territory, or insular possession in which the fabric comprising the good was formed by a fabric-making process.

Heading 6307 of the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), provides for, among other things, other made up articles. This heading is a basket provision for a variety of goods not more specifically provided for in the tariff. In this case, the refrigerator strap is a made up article of textile materials not specifically provided for elsewhere in the tariff. Thus, it is properly classifiable under Heading 6307, HTSUSA. Further, it is specifically classifiable in subheading 6307.90, HTSUSA.

As the fabrics comprising the subject strap are both formed by a fabric-making process in Taiwan, in accordance with Section 102.21(c)(2) and the applicable provision of Section 102.21(e), the country of origin of the strap is Taiwan.


The country of origin of Item No. 121 is Taiwan in accordance with Section 102.21(c)(2).

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.


John Durant, Director
Tariff Classification Appeals

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