CLA 2-56:OT:RR:NC:N3:350
François Hubert
Soprema, Inc.
1688 Jean-Berchmans-Michaud
Drummondville, QC J2C 8E9
Canada
RE: Classification and country of origin determination for a self-adhesive nonwoven membrane of three layer construction, from Austria; 19 CFR 102.21(c)(2)
Dear Mr. Hubert:
This is in reply to your letter dated February 5, 2015, requesting a classification and country of origin determination for a textile fabric which will be imported into the United States. Samples were provided.
FACTS:
Sopraseal StickVP is an embossed laminated textile product with two fibrous surfaces, which has been coated with an adhesive and a protective film. According to the sample and the information provided, this product is a three-layer membrane which has been manufactured by sandwiching a layer of polypropylene film between two layers of polypropylene nonwoven textile, bonding them together by a process of thermo-calendaring. The laminated fabric weighs 150 g/m2.
The base fabric is formed and laminated in Austria, and then sent to France for coating with a glue and application of the protective release film. The finished product weighs a total of 280 g/m2 before application of the protective film, and 350 g/m2 with the protective film. This product is intended for use as a vapor-permeable air barrier used in wall construction, and can also be used as through-wall flashing and as a transition membrane.
ISSUE:
What are the classification and country of origin of the subject merchandise?
CLASSIFICATION:
The applicable subheading for Sopraseal Stick VP will be 5603.14.3000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for nonwovens, whether or not impregnated, coated, covered or laminated: of man-made filaments: weighing more than 150 g/m2, laminated fabrics. The duty rate 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at 19 U.S.C. 3592), enacted on December 8, 1994, provided rules of origin for textiles and apparel entered, or withdrawn from warehouse for consumption, on and after July 1, 1996.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 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
5602-5603 (1) Except for fabric of wool or of fine animal hair, a change from greige fabric of heading 5602 through 5603 to finished fabric of heading 5602 through 5603 by both dyeing and printing when accompanied by two or more of the following finishing operations: bleaching, shrinking, fulling, napping, decating, permanent stiffening, weighting, permanent embossing or moireing; or
(2) If the country of origin cannot be determined under (1) above, a change to heading 5602 through 5603 from any heading outside that group, provided that the change is the result of a fabric-making process.
“Fabric-making process” is defined in paragraph (b)(2) of Section 102.21 as:
… any manufacturing operation that begins with polymers, fibers, filaments (including strips), yarn, twine, cordage, rope, or fabric strips and results in a textile fabric.
Since the fabric was formed in a single country, Austria, and since there was no tariff shift from Austria to France meeting the above rule, as per the terms of the tariff shift requirements the country of origin is conferred in Austria.
HOLDING:
The country of origin of Sopraseal Stick VP is Austria.
The applicable subheading for Sopraseal Stick VP will be 5603.14.3000, HTSUS, which provides for nonwovens, whether or not impregnated, coated, covered or laminated: of man-made filaments: weighing more than 150 g/m2, laminated fabrics. The duty rate will be Free.
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 Maribeth Dunajski at [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division