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NY C88176


June 23, 1998

CLA-2-RR:NC:TA:349 C88176

CATEGORY: CLASSIFICATION

Ms. Debbie Ting

Yours Enterprise Co., Ltd.

13F-3, No.155, Sec. 1, Keelung Road

Taipei, Taiwan R.O.C.

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

Dear Ms. Ting:

This is in reply to your letter dated May 25, 1998, requesting a classification and country of origin determination for polar fleece blankets which will be imported into the United States.

FACTS:

The subject merchandise, referred to as Throw/Blankets, are considered blankets. The blankets will be made from 100 percent polyester knit fleece fabric. You have submitted several samples. The blankets measure approximately 50 x 68 inches and 33 x 40 inches. They may be solid in color or printed. The edges may be hemmed, finished with a nylon whip stitch or with a strip of nylon satin binding. You have indicated in your letter that the blankets will be imported by different buyers under various purchase orders, item numbers and style numbers. The manufacturing operations for the blankets are as follows:

Taiwan or Country A:

-The fabric is knit, dyed and/or printed, brushed and finished.

China or Country B:

-The fabric is cut to size.

-The edges are finished by hemming, whip stitch or satin binding.

-The blanket is packed.

You did not indicate the source country for the satin binding. It is assumed that the binding will be either made in the same country as the knit fabric or that the weight of the binding is not more than 7 percent of the total weight of the blanket.

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the blankets will be 6301.40.0020, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for blankets and traveling rugs: blankets (other than electric blankets) and traveling rugs, of synthetic fibers... other. The rate of duty will be 11.2 percent ad valorem. The blanket 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 comprising the blankets is formed in a single country, that is, Taiwan or Country A, as per the terms of the tariff shift requirement, the country of origin of the blankets is conferred in Taiwan or Country A.

HOLDING:

The subject fleece blankets are classified in subheading 6301.40.0020, HTSUSA, which provides for knit blankets of synthetic fibers.

The country of origin of the blankets is Taiwan or Country A. Based upon international textile trade agreements products of Taiwan which fall within textile category designation 666 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 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 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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