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NY K80344

November 7, 2003

CLA-2-63:RR:NC:TA:351 K80344


Ms. Edith Tolchin
EGT Global Trading
P.O. Box 231
Florida, NY 10921

RE: Classification and country of origin determination for a water bottle holder; 19 CFR 102.21(c)(2); tariff shift

Dear Ms. Tolchin:

This is in reply to your letter dated October 23, 2003, on behalf if your client, Dr. Bones Products, of Fallbrook, CA, requesting a classification and country of origin determination for the “Bottle Bug,”™ which will be imported into the United States. The sample will be returned as requested. FACTS:

The subject merchandise consists of a bottle holder constructed of a neoprene rubber panel laminated on both inner and outer surfaces with knit fabric. The article is sewn closed on the side and the bottom is made of a woven fabric. It is open at the top and features a braided stretch cord sewn into the top edge with a plastic hook at each end. Sewn around the article are three web fabric straps with a braided stretch cord threaded through the ends. Attached is a web fabric handle with a plastic hook attached onto one end.

You state in your letter that the Bottle Bug may be manufactured in the same country in which the fabric is formed. However you also state:

This product may be manufactured in one part of Asia (i.e., Taiwan, China, Hong Kong) with components from another country in Asia (i.e., Taiwan, China, or Hong Kong). Please advise what documentation and labeling/marking would be required if raw materials (fabric) for this product are shipped into a different country in Asia for construction, sewing, and assembly.

For ease of response, we shall refer to the country in which the fabric is formed as Country A and the country in which the Bottle Bug is cut, sewn, and assembled as Country B.


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


The applicable subheading for the “Bottle Bug” will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles . . . Other. The rate of duty will be 7 percent ad valorem.


Section 334 of the Uruguay Round Agreements Act (codified at 19 U.S.C. 3592), enacted on December 8, 1994, provided rules of origin for textiles and apparel entered, or withdrawn from warehouse for consumption, on and after July 1, 1996. Section 102.21, Customs Regulations (19 C.F.R. 102.21), published September 5, 1995, in the Federal Register, implements Section 334 (60 FR 46188). Section 334 of the URAA was amended by section 405 of the Trade and Development Act of 2000, enacted on May 18, 2000, and accordingly, section 102.21 was amended (68 Fed. Reg. 8711). Thus, the country of origin of a textile or apparel product shall be determined by the 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 . . . in which the good was wholly obtained or produced.” As the subject merchandise is not wholly obtained or produced in a single country, 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 . . . 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

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

As the fabric comprising the textile components is formed in a single country, that is, Country A, as per the terms of the tariff shift requirement, country of origin is conferred in Country A.

Please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item.


The country of origin of the Bottle Bug is the country in which the fabric is formed by a fabric-making process; in our example, that was Country A.

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, 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 Mitchel Bayer at 646-733-3102.


Robert B. Swierupski

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