CLA 2-OT:RR:NC:TA:350
Ms. Emily Chauvin
Access Business Group International LLC
7575 Fulton Street East
Ada, MI 49355
RE: Classification and country of origin determination for a nonwoven micro exfoliation cloth; 19 CFR 102.21(c)(2).
Dear Ms. Chauvin:
This is in reply to your letter dated September 5, 2008, requesting a classification and country of origin determination for a nonwoven micro exfoliation cloth which will be produced in France and further processed in the United States.
FACTS:
You write that the subject item (SKU 7160000000) consists of a nonwoven fabric produced in France that is composed of an 80% polyester/20% nylon man-made fiber blend. While not specifically mentioned in your correspondence, the material appears to be of staple fibers. Once imported into the United States, the material is slit, dyed, softened and die-cut. The instant sample measures approximately 9-inches square and was informally weighed in the office. It was found to weigh approximately 128 grams per square meter. You state that this material, in its finished state, has application as a toiletry cloth which is used to polish away dead skin cells on the surface of the skin.
ISSUE:
What are the classification and country of origin for the subject merchandise?
CLASSIFICATION:
You suggest that classification is proper in tariff subheading 6302.93.2000 which provides for bed linen, table linen, toilet linen and kitchen linen, … of man-made fibers. However, classification therein, requires that the material be made up within the meaning of Section XI, note 7 which would require that the material have finished edges with hems, etc. Your product is simply cut and not further worked.
Therefore, the applicable subheading for product will be 5603.93.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for nonwovens, whether or not impregnated, coated, covered or laminated, other than filament (staple): weighing more than 70 g/ m², but not more than 150 g/ m². The rate of duty will be Free.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
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at 19 U.S.C. 3592), enacted on December 8, 1994, provided rules of origin for textiles and apparel entered, or withdrawn from warehouse for consumption, on and after July 1, 1996.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, “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, “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,
The following pertinent rule 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
5602-5603 “a change to heading 5602 through 5603 from any heading outside of that group, provided that the change is the result of a fabric making process”.
As the above tariff shift occurred in France, the country of origin of the finished good after processing in the United States, is France under Section 102.21(c)(2).
HOLDING:
The country of origin of the material is France. We concur with one of your suggested marking hypotheticals that reads: “Product of France further processed in the United States”.
You mentioned an alternative scenario where the nonwoven fabric would be produced in France and be slit, dyed, softened and die-cut in China. Under this scenario, it would be acceptable to mark the finished good “Product of France further processed in China”.
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 Deborah Walsh at (646) 733-3044.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division