HQ 087585: HRL 086779 modified. The identity of relevant countries incountry of origin determination does not matter for quota or visapurposes. Canada; China; Fiji; diapers

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            HQ 087585

                         August 13, 1990




CLA-2 CO:R:C:G  087585  HP

CATEGORY:  Classification

Ms. Grace Howe
President
Tego Limited
5959 Topanga Canyon Blvd.
Suite 380
Woodland Hills, CA 91367

RE:  HRL 086779 modified.  The identity of relevant countries in
country of origin determination does not matter for quota or visa
purposes.  Canada; China; Fiji; diapers

Dear Ms. Howe:

     This is in reply to your letter of July 24, 1990, concerning
the country of origin determination of diapers.

FACTS:

     The factual situation is said to be exactly the same as we
outlined in our ruling HRL 086779 of April 25, 1990, except that
the identity of Country 2 may be Fiji.  Therein, we stated:

               The merchandise at issue consists of
          100% cotton babies' diapers.  The following
          tables describe the manufacturing processes.

            China Production Steps (CAD$ 2.915/Dozen)

          1.   100% cotton cloth is woven.
          2.   The cloth is shipped to Canada [now
               Fiji] on large rolls.

     Canada [now Fiji] Production Steps (CAD$ 3.2714/Dozen)

          1.   Two layers of fabric are placed onto the
               cutting table.
          2.   The fabric is cut to size (24" wide x
               16" long).
          3.   The sides of the two layers of fabric
               are folded over (left: 4" right: 8").
          4.   The center panels are sewn using a
               straight sewing machine.
          5.   The sewn fabric is taken to a serging
               machine, where the top and bottom edges
               are trimmed and overedged.
          6.   The threads from all edges are trimmed,
               as a trailer thread of at least 1/2" is
               required.
          7.   The diaper is inspected.
          8.   The completed merchandise is packaged
               into cartons and shipped.

In addition to the change in the identity of Country 2, you state
that the Country 2 costs will be slightly less, although they
will still be higher than China production costs.

ISSUE:

     Whether the potential change in the identity of Country 2
will change the country of origin determination under 19 C.F.R.
12.130?

LAW AND ANALYSIS:

     Textile commodities produced in more than one foreign
country are subject, for quota/visa purposes, to the country of
origin requirements delineated in section 12.130 of the Customs
Regulations (19 C.F.R.  12.130).  The same guidelines apply
irrespective of the identity of the relevant countries.  The
analysis and conclusion we transcribed in HRL 086779, therefore,
are still valid now that Country 2 may be Fiji.

HOLDING:

     As a result of the foregoing, the instant merchandise is
considered to be a product of Fiji for quota/visa purposes.

     In HRL 086779, we inadvertently stated that "[i]t is clear
that this provision does not disqualify the diapers from con-
sideration as products of Mozambique or Zimbabwe."  Mozambique
and Zimbabwe were not relevant to your ruling; Canada was the
correct country.  In this respect, therefore, HRL 086779 is
modified.

     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
177.9(b)(1), Customs Regulations (19 C.F.R.  177.9(b)(1)).  This
section states that a ruling letter is issued on the assumption
that all of the information furnished in connection with the
ruling request and incorporated in the ruling letter, either
directly, by reference, or by implication is accurate and
complete in every material respect.  Should it subsequently be
determined that the information furnished is not complete and
does not comply with 19 C.F.R.  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 a country of origin.  Accordingly, it is
recommended that a new ruling request be submitted in accordance
with section 177.2, Customs Regulations (19 C.F.R.  177.2).

     This notice to you should be considered a modification of
HRL 086779 of April 25, 1990, as to the merchandise described as
diapers, under 19 C.F.R.   177.9(d)(1) (1989).


                           Sincerely,



                      John Durant, Director
                      Commercial Rulings Division