OT:RR:CTF:VS H315375 AP
Mr. Yujia Zhang, Compliance Specialist
Farrow Global Logistics
475A Admiral Blvd.
Mississauga, Ontario ON L5T 2N1
Canada
RE: USMCA Eligibility; Disposable Medical Face Masks
Dear Mr. Zhang:
This is in response to your October 30, 2020 ruling request, filed on behalf of Swenco Ltd., concerning the eligibility of certain disposable medical face masks for preferential tariff treatment under the U.S.-Mexico-Canada Agreement (“USMCA”).
FACTS:
The products at issue are described as ASTM F2100-19 disposable medical face masks with ear loops (models SEN-710, SEN-720 and SEN-730). The masks are classified under subheading 6307.90.9870, Harmonized Tariff Schedule of the United States Annotated (“HTSUSA”). The dimensions of each mask are 7 inches x 3.75 inches. All three models have advanced nanofiber filtration, latex-free three-ply construction, adjustable aluminum nose piece, and soft ear loops.
The main components of the masks are the three ultrasonically welded layers of nonwoven textile fabric: a spunbond polypropylene fiber inner and outer layer originating from India or the United States, and a nanofiber melt blown polypropylene middle layer originating in Canada. The spunbond polypropylene fiber and the nanofiber melt blown polypropylene are both classified in subheading 5603.12.00, Harmonized Tariff Schedule of the United States (“HTSUS”). The spunbond polypropylene is imported into Canada in rolls on cardboard core. Each mask has elastic bands that fasten behind the ears and an aluminum strip on the top edge which lies on the bridge of the nose to help the mask conform to the contours of the face. The nose wire is made of aluminum wire coated in polyethylene from China, which is imported into Canada in rolls on plastic core. The ear loop is made of 70% nylon/30% spandex (3mm round) from China that is imported into Canada bagged in boxes.
All raw materials are cut into pieces in Canada during a fully automated mask assembly process and are assembled in Canada before being imported into the United States. The SEN-710 masks are yellow, the SEN-720 masks are grey, and the SEN-730 masks are green. Below are images of the masks:
Model SEN-710 Model SEN-720 Model SEN-730
The masks are designated as one of the following performance classes: level 1 barrier (SEN-710), level 2 barrier (SEN-720), and level 3 barrier (SEN-730). The three performance classes have the following features:
Characteristics:
Level 1:
Level 2:
Level 3:
Bacterial Filtration Efficiency
= 95%
= 98%
= 98%
Differential Pressure, mm H2O/cm2
< 5.0
< 6.0
< 6.0
Sub-micron particulate filtration efficiency at .01 micron
= 95%
= 98%
= 98%
Synthetic blood penetration minimum pressure for pass result
80 mmHg
120 mmHg
160 mmHg
Flame spread
Class 1
Class 1
Class 1
The masks are for single use and are sold in boxes of 50 to factories, medical suppliers, medical facilities, government agencies, and consumer retail outlets.
ISSUE:
Whether the subject masks are eligible for preferential tariff treatment under the USMCA.
LAW AND ANALYSIS:
The USMCA was signed by the Governments of the United States, Mexico, and Canada on November 30, 2018. The USMCA was approved by the U.S. Congress with the enactment on January 29, 2020, of the USMCA Implementation Act, Pub. L. 116-113, 134 Stat. 11, 14 (19 U.S.C. § 4511(a)). General Note (“GN”) 11, HTSUS, implements the USMCA. GN 11(b) sets forth the criteria for determining whether a good is an originating good for purposes of the USMCA.
GN 11(b) states, in relevant part:
For the purposes of this note, a good imported into the customs territory of the United States from the territory of a USMCA country … is eligible for the preferential tariff treatment provided for in the applicable subheading and quantitative limitations set forth in the tariff schedule as a “good originating in the territory of a USMCA country” only if-- (i) the good is a good wholly obtained or produced entirely in the territory of one or more USMCA countries;
(ii) the good is a good produced entirely in the territory of one or more USMCA countries, exclusively from originating materials;
(iii) the good is a good produced entirely in the territory of one or more USMCA countries using nonoriginating materials, if the good satisfies all applicable requirements set forth in this note (including the provisions of subdivision (o)); ….
Since the masks contain non-originating materials, they are not considered goods wholly obtained or produced entirely in a USMCA country under GN 11(b)(i) and (ii). We must next determine whether the masks qualify under GN 11(b)(iii). The imported masks are classified under subheading 6307.90.9870, HTSUSA. The applicable rule of origin for merchandise under subheading 6307.90, HTSUS, is in GN 11(o), HTSUS, which provides, in relevant part:
Chapter 63
Chapter Rule 1: For the purposes of determining the origin of a good of this chapter, the rule applicable to that good shall only apply to the component that determines the tariff classification of the good and such component must satisfy the tariff change requirements set out in the rule for that good.
…
5. A change to headings 6304 through 6310 from any other chapter, except from headings 5106 through 5113, 5204 through 5212, 5310 through 5311, chapters 54 through 55 or headings 5801 through 5802 or 6001 through 6006, or other made-up textile articles of heading 9619, provided that the good is both cut (or knit to shape) and sewn or otherwise assembled in the territory of one or more of the USMCA countries.
The two non-originating components, the spunbond polypropylene and the nanofiber melt blown polypropylene, are the components that determine the tariff classification of the mask. Both are cut and assembled in Canada. In addition, since the spunbond polypropylene of subheading 5603.12, HTSUS, and the nanofiber melt blown polypropylene of heading 5603.12, HTSUS, are classified in a heading other than headings 5106 through 5113, 5204 through 5212, 5310 through 5311, chapters 54 through 55 or headings 5801 through 5802 or 6001 through 6006, or other made-up textile articles of heading 9619, the tariff shift rule is met. Accordingly, the disposable medical face masks classified under subheading 6307.90.9870, HTSUSA, are eligible for USMCA preferential tariff treatment pursuant to GN 11(b)(iii) and GN 11(o)/Chapter Rule 1 and 63(5), HTSUS.
HOLDING:
Based on the information provided, the disposable medical face masks classified under subheading 6307.90.9870, HTSUSA, qualify for preferential tariff treatment under the USMCA when imported into the United States from Canada as described.
Please note that 19 C.F.R. § 177.9(b)(1) provides that “[e]ach 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. The application of a ruling letter by a [CBP] field office to the transaction to which it is purported to relate is subject to the verification of the facts incorporated in the ruling letter, a comparison of the transaction described therein to the actual transaction, and the satisfaction of any conditions on which the ruling was based.”
A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is entered. If the documents have been filed without a copy, this ruling should be brought to the attention of the CBP officer handling the transaction.
Sincerely,
Monika R. Brenner, Chief
Valuation and Special Programs Branch