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NY D82327

September 28, 1998

CLA-2-RR:NC:3:353 D82327


Mr. Arlen T. Epstein
Serko & Simon LLP
One World Trade Center
Suite 3371
New York, NY 10048

RE: Classification and country of origin determination for an award ribbon; 19 CFR 102.21(c)(2); tariff shift. Country of origin marking.

Dear Mr. Epstein:

This is in reply to your letter dated September 11, 1998, on behalf of Russ Berrie and Company, Inc., requesting a classification, country of origin and marking determination for an award ribbon which will be imported into the United States. A sample of the award ribbon was provided with the ruling request and is being retained by this office.


The subject merchandise consists of an item number HD1466 award ribbon made of woven polyester fabric. The award ribbon is approximately 5 3/8 inches in length and contains the phrase "Old Geezer Award" printed on purple fabric located on a center button. The center button is made from cardboard and stuffing and has a metal pin attached to a felt backing. The center button measures approximately 2 3/4 inches in diameter and is surrounded by 3/8 inch black ribbon. Two black and purple striped ribbons extend from the bottom center button.

The manufacturing operations for the HD1466 award ribbon are as follows:


Satin polyester fabric, 1 inch polyester ribbon, 3/8 inch polyester ribbon and felt are made in Taiwan.


The cardboard, stuffing and metal pin are made in China. The Taiwanese fabric, felt and ribbons are cut, sewn and assembled together with the Chinese components to form the finished item.


What are the classification and country of origin of the subject merchandise?


The article functions primarily as personal adornment and by its design functions as a pin. Woven textile pins have consistently been classified in the appropriate provisions in heading 6217, HTSUSA, as other made up clothing accessories. Similar to the idea of "badges" which are affixed to clothing by a bar pin, the metal bar pins on the textile pins enables them to be affixed to garments and are thus considered accessories to garments.

The applicable subheading for the HD1466 award ribbon will be 6217.10.9530, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for "Other made up clothing accessories; parts of garments or of clothing accessories, other than those of heading 6212: Accessories: Other: Other...Of man-made fibers." The rate of duty will be 15.1% ad valorem.

The HD1466 award ribbon 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.


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 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 of the foreign materials 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) 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":

HTSUS Tariff shift and/or other requirements

6215 - 6217 (1) If the good consists of two or more component parts, a change to an assembled good of heading 6215 through
6217 from unassembled components, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession.

As the HD1466 award ribbon is assembled in a single country, that is, China, as per the terms of the tariff shift requirement, country of origin is conferred in China.


You request a ruling as to whether sewn in labels stating "Made in China of Taiwanese Fabric" or "Cut and Sewn in China from Taiwanese Fabric" would satisfy country of origin marking requirements.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

Section 134.46, Customs Regulations (19 C.F.R. ?134.46), requires that when any city or locality in the U.S. or the name of any foreign country or locality which is not the country of origin appears on the imported article or its container the name of the country of origin shall appear legibly, permanently, in close proximity, and in at least comparable size, preceded by the additional words "Made in," "Product of," or other words of similar meaning. The purpose of this section is to prevent the possibility of misleading or deceiving the ultimate purchaser.

The HD1466 award ribbon may be marked "Made in China of Taiwanese Fabric", because the requirements of 19 C.F.R. 134.46 are met and this would be an acceptable country of origin marking. However, it may not be marked with the proposed marking "Cut and Sewn in China from Taiwanese Fabric" as this marking would not comply with 19 C.F.R. 134.46, and would not be an acceptable country of origin marking.


The country of origin of the HD1466 award ribbon is China. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The proposed marking "Made in China of Taiwanese Fabric" is an acceptable country of origin marking for the award under 19 U.S.C. 1304. However, the proposed marking "Cut and Sewn in China from Taiwanese Fabric" is not an acceptable country of origin marking for Customs purposes as it does not satisfy the requirements of 19 C.F.R. 134.46.

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 Kenneth Reidlinger at 212-466-5881.


Robert B. Swierupski

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