LA-2-90:RR:NC:MM:105 F87622
Mr. Jack Alsup
Alsup & Alsup, Inc.
P.O. Box 1251
Del Rio, Texas 78841
RE: The tariff classification and marking of CPR kits and textile pouches
Dear Mr. Alsup:
In your letter, dated May 22, 2000, for Plasco, Inc, you requested a tariff classification ruling.
You included two samples, a CPR Microkit and a CPR Micromask, and a catalog.
You state that the Microkit contains a CPR Microshield, Nitrile Gloves, Faceshield and a Biohazard bag and that the CPR Micromask contains a CPR Micromask and Nitrile Gloves. Each will be imported stuffed inside a textile, rectangular waist bag with a zipper and two velcro straps so it can be worn on a belt and then easily removed. The textile bag for the Microkit is about 3.5 inches by 4 inches, and the one for the Micromask is about 4 inches by 5 inches. Each kit will be in a sealed retail packing polybag with the stock number and other information imprinted at its top. The essential item in each is a plastic piece that will be placed in or over the victim’s mouth to assist a professional rescuer in giving mouth to mouth resuscitation. The other items are made mostly of very lightweight plastic sheeting. The additional items in the kit are designed to protect the rescuer or those nearby from infection from the bodily fluids that may flow out of the victim’s mouth during the resuscitation. The waist pouch provides storage, protection, and organization.
We agree with you that the CPR devices, gloves, and waist bags form sets whose essential character is supplied by the piece, classified in HTS Heading 9019, that is placed over or in the victim’s mouth to assist the mouth to mouth resuscitation. Since it is relevant to the marking issue you raise and the status of the textile pouch, we note that they are not composite goods in that the face shields, biohazard bags, and gloves, while they may be of use in a CPR emergency, are not sufficiently adapted to one another. Therefore, since the imports are not composite goods but sets, the textile waist bag will be treated as if it were separately imported for textile visa-quota purposes.
You asked about the marking on the sealed plastic bag that the items, inside the textile pouches, will be imported in.
It will first be necessary to determine the country of origin of the imports. You indicate all components are either made in the USA or assembled in Mexico using all USA components, except for the gloves, which are made in Malaysia. We will assume for purposes of this ruling, that when you describe “US components,” or when you place the term “USA” next to a component, that you mean that the component is a product of the USA under 19 CFR part 102, and that the component originates under the North American Free Trade Agreement (NAFTA).
Applying the “rules of origin” in 19 CFR 102.11 in sequence, we note that neither 102.11(a) nor (b) apply, because of the presence of non-Mexican components. Noting 102.19a, “Except in the case of goods covered by paragraph (b) of this section, if a good which is originating within the meaning of § 181.1(q) of this chapter is not determined under § 102.11(a) or (b) or § 102.21 to be a good of a single NAFTA country, the country of origin of such good is the last NAFTA country in which that good underwent production other than minor processing, provided that a Certificate of Origin (see § 181.11 of this chapter) has been completed and signed for the good,” we must next make a NAFTA determination, before proceeding with our country of origin analysis.
The only non-NAFTA goods are the gloves from Malaysia, which imported separately, are classified outside of HTS Chapter 90. Per HTS General Note 12-t-90.47, it will therefore undergo the requisite tariff shift, thus making the import NAFTA eligible. Therefore, assuming a Certificate of Origin has been completed and signed for the imports, the country of origin of both imports will be Mexico, which is the last NAFTA country in which the import underwent more than minor processing (CR 102.19-a). Therefore, on that basis, we agree that it is acceptable that the importer “mark each polybag immediately below Gurnee, Illinois with ‘Assembled in Mexico,’ using same size print and color.”
You have also asked about the classification and country of origin marking of the pouch if imported separately.
Regarding their marking, you propose that the pouches should be excepted from individual marking due to Customs Regulation “132.34 d.” There is no such section in the CR. At any rate, we believe that the pouches, imported separately, must have a sewn in label with the country of origin.
We agree the applicable subheading for the CPR Microkit and the CPR Micromask will be 9019.20.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for, inter alia, “other” therapeutic respiration apparatus. The general rate of duty will be free.
We agree the applicable subheading for the textile pouches, imported separately, will be 4202.92.9026, Harmonized Tariff Schedule of the United States (HTS), which provides for “other” containers of man-made fibers. The general rate of duty will be 18.6 percent ad valorem. This merchandise falls within textile category designation 670. Currently, products of category 670 from Mexico are not subject to quota and the requirement of a visa.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
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 textile bag imported separately, contact National Import Specialist Kevin Gorman at 212-637-7091. If you have any other questions regarding the ruling, contact National Import Specialist James Sheridan at 212-637-7037.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division