# NY K86934

July 7, 2004

CLA‑2-RR:NC:3:353 K86934

CATEGORY: Classification

Mr. Paul Leitner

Continental Agency Inc.

535 Brea Canyon Road

City of Industry, CA 91789

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

Dear Mr. Leitner:

This is in reply to your letter dated June 1, 2004, on behalf of Olivet
International, requesting a classification and country of origin
determination for a belt which will be imported into the United States.
A sample of the belt was provided to this office.

FACTS:

The subject merchandise consists of a belt that is constructed of woven
polypropylene webbing and features a metal buckle and five (5) metal
grommets. The belt measures approximately 1½ x 40 inches.

The manufacturing operations for the belt are as follows:

[Taiwan:]{.underline}

-   Polypropylene is formed into a narrow webbed fabric

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-   Fabric is shipped to China

[China:]{.underline}

-   Webbed fabric will be cut to length

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-   Grommets will be secured

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-   Webbing is folded over the metal buckle and sewn together to
    assemble the buckle to the belt

-   Webbing is folded over and sewn to finish the end of the belt

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the belt will be 6217.10.9530, Harmonized
Tariff Schedule of the United States Annotated (HTSUSA), which provides
for other made up clothing accessories of man-made fibers. The rate of
duty will be 14.6% ad valorem.

The belt falls within textile category designation 659. The designated
textile and apparel categories and their quota and visa status are the
result of international agreements that are subject to frequent
renegotiations and changes. To obtain the most current information, we
suggest that you check, close to the time of shipment, the [Textile
Status Report for Absolute Quotas]{.underline}, which is available at
our Web site at www.cbp.gov. In addition, 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 and
should also be verified at the time of shipment.

COUNTRY OF ORIGIN - LAW AND ANALYSIS:

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, 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

6215 ‑ 6217 (1) If the good consists of two or more component parts, a
change to an assembled good of heading 6215 through 6217 from
unassembled components, provided that the change is the result of the
good being wholly assembled in a single country, territory, or insular
possession.

As the belt is assembled in a single country, that is, China, as per the
terms of the tariff shift requirement, country of origin is conferred in
China.

HOLDING:

The country of origin of the belt is China. Based upon international
textile trade agreements products of China 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
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

Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski

Director,

National Commodity

Specialist Division