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NY C89653


July 21, 1998

CLA-2-RR:NC:TA:349 C89653

CATEGORY: CLASSIFICATION

Ms. Bella Fung

On & On Industrial Company

Flat O, 1/F; Lladro Centre

72-80 Hoi Yuen Road

Kwun Tong, Kowloon, Hong Kong

RE: Classification and country of origin determination for curtains; 19 C.F.R. §102.21(c)(2); tariff shift

Dear Ms. Fung:

This is in reply to your letters dated June 24 and July 8, 1998, requesting a classification and country of origin determination for curtains which will be imported into the United States.

FACTS:

The subject merchandise is referred to as a "Color Strips Curtain." It consists of 16 strips of nylon fabric, two one foot long sections of a plastic hanging track, screws and 16 metal hooks. Each of the 72 inch long strips is made from a 3/4 inch wide narrow woven fabric. A metal grommet has been punched into one end of each strip. The strips in the submitted sample are made in four different colors. When assembled, the "color strips curtain" will be approximately 24 inches wide and 72 inches long. You have noted that the "color strips curtain" may be used as a festival decoration and as daily use curtains. They may be hung in dooways or windows.

The manufacturing operations for the curtains are as follows:

Taiwan:

-nylon fabric is woven.

China:

-fabric is cut to length.

-metal grommet is attached to one end of the fabric strip.

-16 fabric strips are packed with screws, hooks and tracks that were made in China.

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the curtains will be 6303.92.2000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for curtains (including drapes) and interior blinds; curtain or bed valances: other: of synthetic fibers: other. The rate of duty will be 12.2 percent ad valorem.

The "color strips curtain" falls within textile category designation 666. 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 (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

6301-6306 The country of origin of a good classifiable under heading 6301 through 6306 is the country, territory or insular possession in which the fabric comprising the good was formed by a fabric making process.

As the fabric for the "color strips curtain" was woven in a single country, that is, Taiwan, as per the terms of the tariff shift requirement, country of origin is conferred inTaiwan.

HOLDING:

The subject "color strips curtain" is classified in subheading 6303.92.2000, HTSUSA, which provides for other curtains of synthetic fibers.

The country of origin of the "color strips curtain" is Taiwan. Based upon international textile trade agreements products of Taiwan 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 C.F.R. §177.9(b)(1). This section 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 CFR 177). Should it be subsequently 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 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 C.F.R. §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 John Hansen at 212-466-5854.

Sincerely,


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