Country of origin determination for carrying cases forcookware; 19 CFR 102.21(c)(2); tariff shift

HQ 959668 September 17, 1996 CLA-2 RR:TC:TE 959668 jb CATEGORY: Classification Al Andrews Circle International, Inc. 3275 Alum Creek Drive, Suite 200 Columbus, Ohio 43207 RE: Country of origin determination for carrying cases for cookware; 19 CFR 102.21(c)(2); tariff shift Dear Mr. Andrews: This is in reply to your letter dated August 9, 1996, on behalf of your client, Anchor Hocking Corp., requesting a country of origin determination for certain carrying cases for cookware which will be imported into the United States. FACTS: The submitted merchandise consists of certain carrying cases for cookware which come in both rectangular and round shapes and each features two colors. The manufacturing operations are as follows: CHINA, TAIWAN, JAPAN, and HONG KONG - materials are sourced (exterior flake 600D, interior 210 nylon, PE foam, sponge, PVC patch, clear PVC, thread, ink, zipper teeth, zipper pull, webbing, inside PVC label). CHINA - cutting of fabric; - sewing and complete assembly; - packing. ISSUE: What is the country of origin of the subject merchandise? 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Section 334 of that Act (codified at 19 U.S.C. 3592) provides new rules of origin for textiles and apparel entered, or withdrawn from warehouse, for consumption, on and after July 1, 1996.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 foreign material 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) 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:" 4202.92.60-4202.92.90 A change to subheading 4202.92.60 through 4202.92.90 from any other heading, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession. The subject merchandise is classifiable in subheading 4202.92.9040, Harmonized Tariff Schedule of the United States (HTSUS). As the subject merchandise is wholly assembled in a single country, China, the country of origin is China. HOLDING: The country of origin of the subject carrying cases for cookware is China. 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 is issued on the assumption that all of the information furnished in the ruling letter, either directly, by reference, or by implication, is accurate and complete in every material respect. 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. Sincerely, John Durant, Director Tariff Classification Appeals Division