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NY C82183




December 18, 1997

CLA-2-RR:NC:3:353 C82183

CATEGORY: CLASSIFICATION

Ms. Kristine Hammett
Circle International, Inc.
P.O. Box 619023
1245 Royal Lane
DFW Airport, Texas 75261

RE: Classification and country of origin determination for scarves; 19 CFR 102.21(c)(2); tariff shift

Dear Ms. Hammett:

This is in reply to your letter dated November 17, 1997, on behalf of The Neiman Marcus Group, requesting a classification and country of origin determination for scarves which will be imported into the United States.

FACTS:

The fabric for the scarves has been woven in China and imported into Great Britain. The dying, printing, and hand rolling are all carried out in Great Britain.

The first scarf is said to consist of 100% woven silk fabric. The second scarf, is said to consist of 82% rayon/18% silk woven fabric. Using a printing screen, a "Devore" process is then applied to the fabric. This entails having the fabric being processed by a caustic material that burns out the velvet pile leaving a newly created fabric that has the appearance of flocking or weaving.

ISSUE:

Whether the country of origin is China or Great Britian? As per as CR Title 19 Section 102.21(e), the country of origin is China.

CLASSIFICATION:

The applicable subheading for the 100% silk scarf will be 6214.10.1000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for "Shawls, scarves, mufflers, mantillas, veils and the like: Of silk or silk waste: Containing 70 percent or more by weight of silk or silk waste". The rate of duty will be 3.8% ad valorem. The rate for 1998 will be 2.5% ad valorem.

The applicable subheading for the scarf made from 82% rayon and 18% silk will be 6214.30.0000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for "Shawls, scarves,...and the like: Of synthetic fibers". The duty rate will be 7.4% ad valorem. The rate of duty for 1998 will be 6.45 ad valorem.

The scarf consisting of man made fiber falls within textile category designation 659. The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

COUNTRY OF ORIGIN - 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 (e) in pertinent part 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": 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. HOLDING:

The country of origin of the scarves is China. Based upon international textile trade agreements products of China are subject to quota and the requirement of a 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.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). 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.

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Martin Weiss at 212-466-5881.

Sincerely,

Robert B. Swierupski
Director,

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