CLA 2-OT:RR:NC:N3:350
Mr. Lei Peng
Suzuran Medical Inc.
1-29, 4 Chome, Yasui, Kita-KU
Nagoya, Japan 4620023
RE: The country of origin determination of various nonwoven rolls, sheets, and pads; 19 CFR 102.21(c)(2)
Dear Mr. Peng:
In your letter dated January 9, 2023, you requested a country of origin ruling. Samples were previously submitted with request N327432 (a classification request, only) and were subsequently sent to the U.S. Customs and Border Protection (“CBP”) laboratory.
The subject merchandise encompasses five different samples referred to as “cotton roll,” “cotton tissue,” “round pad 1-layer,” “Lilian puff,” and “Baby cotton tissue.” These products will be for the cosmetic use of make-up removal and for daily use as a consumable.
CBP laboratory analysis was conducted on the item referred to as a “cotton roll” and it was determined to be nonwoven in construction. The sample is mechanically bonded, composed of cotton staple fibers, and weighs 87.6 g/m2. The sample is not coated, covered, or impregnated.
According to the information provided, the “cotton roll” manufacturing process in Vietnam is as follows: The raw materials consisting of cotton comber noils, raw cotton and recycled cotton waste are made available for processing, inspection, and are blended and carded into nonwoven webs. They are hydro-entangled, formed into rolls, bleached, cleaned, dried, packaged and shipped to China. In China, the nonwoven rolls are accepted, inspected, and cut to shape and size. The nonwoven cotton roll consists of 80 pieces of perforated fabric that are packaged together for retail sale and exported to the US.
CBP laboratory analysis was conducted on the item referred to as “cotton tissue” and it was determined to be nonwoven in construction. The sample is mechanically bonded, composed wholly of cotton staple fibers, and weighs 39.5 g/m2. The sample is not coated, covered, or impregnated.
According to the information provided, the “cotton tissue” manufacturing process in Vietnam is as follows: The raw materials consisting of cotton comber noils, raw cotton and recycled cotton waste are made available for processing, inspection, and are blended and carded into nonwoven webs. They are hydro-entangled, formed into rolls, bleached, cleaned, dried, packaged and shipped to China. In China, the nonwoven rolls are accepted, inspected, and cut to shape and size. The nonwoven cotton sheets consist of 110 separate sheets of fabric that are packaged together for retail sale and exported to the US.
CBP laboratory analysis was conducted on the item referred to as “round pad 1-layer” and it was determined to be nonwoven in construction. The sample is mechanically bonded, composed of cotton staple fibers, and weighs 200 g/m2. The sample is not coated, covered, or impregnated.
According to the information provided, the “round pad 1-layer” manufacturing process in Vietnam is as follows: The raw materials consisting of cotton comber noils, raw cotton and recycled cotton waste are made available for processing, inspection, and are blended and carded into nonwoven webs. They are hydro-entangled, formed into rolls, bleached, cleaned, dried, packaged and shipped to China. In China, the nonwoven rolls are accepted, inspected, and cut to shape and size. The nonwoven cotton pads consist of 80 separate, circular pads that are packaged together for retail sale and exported to the US.
CBP laboratory analysis was conducted on the item referred to as “Lilian Puff” was determined to be composed of three layers, two outer layers of nonwoven fabric and an inner layer of wadding material. The sample is composed wholly of cotton fibers and weighs 141.4 g/m2. The sample is not coated, covered, or impregnated.
According to the information provided, the “Lilian Puff” manufacturing process in Vietnam is as follows: The raw materials consisting of cotton comber noils, raw cotton and recycled cotton waste are made available for processing, inspection, and are blended and carded into nonwoven webs. They are hydro-entangled, formed into rolls, bleached, cleaned, dried, packaged and shipped to China. In China, the nonwoven rolls are accepted, inspected, and cut to shape and size. The nonwoven cotton pads consist of 222 separate, rectangular pads that are packaged together for retail sale and exported to the US.
CBP laboratory analysis was conducted on the “Baby cotton tissue.” The sample is of nonwoven construction and is mechanically bonded, while being composed of cotton staple fibers. It weighs 44.4 g/m2.
According to the information provided, the “Baby cotton tissue” manufacturing process in Vietnam is as follows: The raw materials consisting of cotton comber noils, raw cotton and recycled cotton waste are made available for processing, inspection, and are blended and carded into nonwoven webs. They are hydro-entangled, formed into rolls, bleached, cleaned, dried, packaged and shipped to China. In China, the nonwoven rolls are accepted, inspected, and cut to shape and size. The nonwoven cotton sheets consist of 80 separate sheets of fabric that are packaged together for retail sale and exported to the US.
ISSUES:
What is the classification and country of origin of the subject merchandise?
CLASSIFICATION:
The applicable subheading for the “cotton tissue” and the “Baby cotton tissue” will be 5603.92.0070, Harmonized Tariff Schedule of the United States (“HTSUS”), which provides for “Nonwovens, whether or not impregnated, coated, covered or laminated: Other: Weighing more than 25 g/m2 but not more than 70 g/m2… Nonwoven articles, ready for use and packaged for industrial, institutional or retail sale, whether or not separated, perforated or impregnated, not elsewhere specified or included.” The rate of duty will be Free.
The applicable subheading for the “cotton roll” and the “Lilian Puff” will be 5603.93.0090, HTSUS, which provides for “Nonwovens, whether or not impregnated, coated, covered or laminated: Other: Weighing more than 70 g/m2 but not more than 150 g/m2… Other.” The rate of duty will be Free.
The applicable subheading for the “round pad 1-layer” will be 5603.94.9050, HTSUS, which provides for “Nonwovens, whether or not impregnated, coated, covered or laminated: Other: Weighing more than 150 g/m2: Other: Other… Other nonwovens, whether or not impregnated, coated or covered: Obtained by mechanical entanglement, of staple fibers.” The rate of duty will be Free.
COUNTRY OF ORIGIN:
Section 334 of the Uruguay Round Agreements Act (“URAA”) (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:
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.
The term “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.
The fabric was formed in Vietnam and according to the above rule, there was no tariff shift resulting from the operations done to this fabric in China; as per the terms of the tariff shift requirements, the country of origin is Vietnam under Section 102.21(c)(2).
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, please contact National Import Specialist Michael Capanna at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division