CLA-2-63:OT:RR:NC:N3:351
Mr. Frank Kaliner
Halyard Health, Incorporated
5405 Windward Parkway
Alpharetta, GA 30004
RE: The country of origin determination for nonwoven surgical drapes
Dear Mr. Kaliner:
In your letter dated April 30, 2018, you requested a country of origin determination and marking for surgical drapes.
You submitted a detailed description of two samples of surgical drapes. Item 1, SKU number 89559 is a basic shoulder split drape, with a section cut out of the fabric where the shoulder will protrude during a medical procedure. Item 2, SKU number 8866 is a basic knee arthroscopy drape, with a section cut out of the fabric where the knee will protrude during a medical procedure. Both drapes are made from spun bonded non-woven fabric, composed of 100 percent polypropylene man-made filament fibers that are produced in the United States. The fabric is shipped to China, where it is cut, trimmed depending on the styles of the drapes.
The applicable subheading for both drapes will be 6307.90.6800, HTSUS, which provides for other made up articles…: other: surgical drapes: other: spunlaced or bonded fiber fabric disposable surgical drapes of man-made fibers. The rate of duty will be Free.
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at 19 U.S.C. 3592), enacted on December 8, 1994, provided rules of origin for textiles and apparel entered, or withdrawn from warehouse for consumption, on and after July 1, 1996.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:
6307.90 The country of origin of a good classifiable under subheading 6307.90 is the country, territory, or insular possession in which the fabric comprising the good was formed by a fabric-making process.
As both drapes were woven in a single country, that is, the United Sates, the country of origin of the drapes is conferred in the United States.
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 the World Wide Web at
https://hts.usitc.gov/current.
Please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item. Information can also be found at the FTC website www.ftc.gov (click on “For Business” and then on “Textile, Wool, Fur”).
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 ruling, contact National Import Specialist Adleasia Lonesome via email at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division