Country of origin determination for a baby's bib; 19 CFR102.21(c)(2); tariff shift

HQ 959673 September 17, 1996 CLA-2 RR:TC:TE 959673 jb CATEGORY: Classification Ryden Richardson, Jr. Carmichael International Service 533 Glendale Boulevard Los Angeles, CA 90026-5097 RE: Country of origin determination for a baby's bib; 19 CFR 102.21(c)(2); tariff shift Dear Mr. Richardson: This is in reply to your letter, dated June 19, 1996, on behalf of your client, Warner Brothers Worldwide Retail, requesting a country of origin determination for a baby's bib which will be imported into the United States. A sample was submitted to this office for examination. FACTS: The subject merchandise, referenced style number 4511.0084, consists of a baby's bib made of 100 percent cotton terry fabric and featuring a patch with "Tweety Bird" on a swing, cotton edging along the periphery of the bib, and hook and loop type fasteners by which the bib is fastened behind the baby's neck. The manufacturing operations are as follows: SOUTH KOREA - cotton terry fabric is formed; - polyester patch featuring "Tweety Bird" is formed; - hook and loop type fasteners are sourced; - cotton fabric for the edging along the periphery of the bib is formed. SRI LANKA - cutting; - sewing (complete assembly of the finished bib). 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Section 334 of that Act (codified at 19 U.S.C. 3592) provides new rules of origin for textiles and apparel entered, or withdrawn from warehouse, for consumption, on and after July 1, 1996.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:" 6209.20.5045-6209.90.9000 If the good consists of two or more component parts, a change to an assembled good of subheading 6209.20.5045 through 6209.90.9000 from unassembled components, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession. The subject bib is classified in subheading 6209.20.5050, Harmonized Tariff Schedule of the United States Annotated (HTSUSA). As the subject merchandise consists of multiple component parts which are assembled in a single country into the finished good, the country of origin of the subject bib is the single country where that assembly occurs, that is, Sri Lanka. HOLDING: The country of origin of the subject bib, referenced style number 4511.0084, is Sri Lanka. 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