Classification and country of origin determination for a blanket; 19 CFR 102.21(c)(2); tariff shift

NY D81583 September 16, 1998 CLA-2-RR:NC:TA:349 D81583 CATEGORY: Classification Ms. Mary L. Irish Talbots 175 Beal Street Hingham, Massachusetts 02043 RE: Classification and country of origin determination for a blanket; 19 CFR 102.21(c)(2); tariff shift Dear Ms. Irish: This is in reply to your letter dated August 20, 1998, requesting a classification and country of origin determination for a knit blanket which will be imported into the United States. FACTS: The subject merchandise, referred to as Style number 91141938, is an infant's blanket. The blanket will be made from 100 percent cotton knit fabric. One side of the blanket is a jersey knit fabric which is printed with snowflakes and winter attire. The reverse side of the blanket is a plain double knit jacquard fabric. The blanket measures approximately 27 x 28-1/2 inches. The edges are finished with a strip of knit binding fabric. The manufacturing operations for the blanket are as follows: China: -The fabrics are knit and exported to Macau. Macau: -The fabrics are cut. -The edges are finished. -The blanket is packed. ISSUE: What are the classification and country of origin of the subject merchandise? CLASSIFICATION: The applicable subheading for the blanket will be 6301.30.0020, 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 cotton... other. The rate of duty will be 9.1 percent ad valorem. The blanket falls within textile category designation 369. 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Section 334 of that Act (codified at 19 U.S.C. 3592) provides new rules of origin for textiles and apparel entered, or withdrawn from warehouse, for consumption, on and after July 1, 1996.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 fabrics comprising the blanket are formed in a single country, that is, China, as per the terms of the tariff shift requirement, the country of origin of the blanket is conferred in China. HOLDING: The subject blanket is classified in subheading 6301.30.0020, HTSUSA, which provides for other cotton blankets. The country of origin of the blanket is China. Based upon international textile trade agreements products of China which fall within textile category designation 369 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 CFR 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 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 John Hansen at 212-466-5854. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division