CLA-2-96:OT:RR:NC:N4:415
Ana Villarreal
CISCO U.S. Customs Brokers, LLC
302 Crossroads Street, Suite B
Laredo, TX 78045
RE: The country of origin and eligibility of the United States-Mexico-Canada Trade Agreement (USMCA) of a microfiber flip mop and a broom and dustpan kit.
Dear Ms. Villarreal:
In your letter dated October 18, 2023, you requested a country of origin and eligibility of the USMCA ruling on behalf of your client, Organizacion Reynera SA de CV.
Images were provided in lieu of samples. There are two articles under consideration.
The first is described as the Microfiber Flip Mop 22”, which consists of a metal handle that measures approximately 47 inches in length, a plastic mop frame, and a double-sided microfiber pad. The length of the mop handle may vary depending on the specific part number. The microfiber pad measures 22 inches in length and features chenille nubs on one side for dry dusting and a microfiber pad on the other side for wet mopping. The mop frame is inserted into the microfiber pad and then secured with a hook and loop closure.
The second article is described as the Broom and Dustpan Kit. The upright broom consists of a metal handle and bristles made of smooth polyethylene terephthalate (PET) plastic fibers. The dustpan consists of a metal handle and a molded plastic dustpan that features teeth to clean debris from the broom. The dustpan is 32.5 inches tall, and the upright broom is 37 inches. The broom and dustpan are shown in a gray color; however, the color and the length of the handles may vary depending on the specific part number.
In your request, you indicate that both the microfiber flip mop and the broom and dustpan kit would be classified under 9603.90.8050, Harmonized Tariff Schedule of the United States (HTSUS). We agree with this classification on the microfiber flip mop. Though, the broom and dustpan kit would be classified by the upright broom, as both items would merit equal consideration, General Rule of Interpretation 3(c) noted. As such, this kit would be appropriately classified under subheading 9603.90.8020, HTSUS, which specifically provides for upright brooms.
Per your submission, the microfiber pad used in the flip mop is of Chinese origin and is imported from China into Mexico. The handles for the mop, broom, and dustpan are made using steel coils which originate from Turkey. The steel coils are imported into Mexico where they undergo a profile machining process. Once the metal sheets have been formed into tubes, the tubes are then cut to length to form the handles. All other components used to produce the mop, broom, and dustpan are sourced in Mexico using virgin polypropylene and copolymer, black recovered polypropylene, high-density polypropylene, and galvanized wire. These are used to form the frame and insert, top, coupler, end cap, and connector for the mop, and the angle broom, dustpan, smooth PET fiber, coupling, connector, and rotary cap for the broom and dustpan kit.
With regard to the appropriate country of origin marking of the microfiber flip mop and the broom and dustpan kit, section 304, Tariff Act of 1930, as amended (19 USC 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.
As provided in 19 CFR 134.41(b), the country-of-origin marking is considered conspicuous if the ultimate purchaser in the U.S. can find the marking easily and read it without strain.
Regarding the permanency of a marking, 19 CFR 134.41(a) provides that, as a general rule, marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, 19 CFR 134.44 generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser, unless deliberately removed, is acceptable.
The "country of origin" is defined in 19 CFR 134.1(b) as “the country of manufacture, production, or growth of any article of foreign origin entering the United States. Further work or material added to an article in another country must effect a substantial transformation in order to render such other country the 'country of origin' within the meaning of this part; however, for a good of a NAFTA or USMCA country, the marking rules set forth in part 102 of this chapter (hereinafter referred to as the part 102 Rules) will determine the country of origin.”
Pursuant to section 102.0, interim regulations, related to the marking rules, tariff-rate quotas, and other USMCA provisions, published in the Federal Register on July 6, 2021 (86 FR 35566), the rules set forth in §§ 102.1 through 102.18 and 102.20 determine the country of origin for marking purposes with respect to goods imported from Canada and Mexico. Section 102.11 provides a required hierarchy for determining the country of origin of a good for marking purposes, with the exception of textile goods which are subject to the provisions of 19 CFR. § 102.21. See 19 CFR § 102.11.
Applied in sequential order, 19 CFR Part 102.11(a) provides that the country of origin of a good is the country in which: (1) the good is wholly obtained or produced; (2) the good is produced exclusively from domestic materials; or (3) each foreign material incorporated in that good undergoes an applicable change in tariff classification set out in section 102.20 and satisfies any other applicable requirements of that section, and all other applicable requirements of these rules are satisfied.
The microfiber flip mop and the broom and dustpan kit are neither “wholly obtained or produced” nor “produced exclusively from domestic materials.” Therefore, paragraphs (a)(1) and (a)(2) cannot be used to determine the country of origin of these articles, and paragraph (a)(3) must be applied next to determine the origin of the finished articles. The microfiber flip mop and the broom and dustpan kit are both classified under heading 9603, HTSUS. The tariff shift requirement in part 102.20 for the articles at issue states, “[a] change to heading 9603 from any other heading.”
The flip mop incorporates the microfiber pad of Chinese origin classified in heading 6307, HTSUS. The handles of the mop, broom, and dustpan are made using steel coils imported from Turkey in heading 7211, HTSUS. As these materials of foreign origin all undergo a change in tariff classification to heading 9603, HTSUS, when combined with the components sourced from Mexico, the tariff shift requirement of section 102.11(a)(3) is met. In accordance with 19 CFR § 102.11(a), Rule (3), the country of origin of the microfiber flip mop and the broom and dustpan kit for the 19 U.S.C. 1304 marking requirements is Mexico.
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 USC § 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, as defined in subdivision (l) of this note, 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)) …
We next turn to subdivision (o) which provides for change in tariff classification rules. Under chapter 96, rule 1, it states “[a] change to headings 9601 through 9605 from any other chapter.” Based on the documentation submitted, a tariff shift occurs with the microfiber pad of Chinese origin and the steel coils of Turkish origin which are used to produce the handles of the mop, broom, and dustpan. They are all classified in a chapter other than 96, HTSUS, at the time of importation into Mexico. Therefore, the requisite tariff shift rule under GN 11(o), rule 1 to chapter 96, HTSUS, is met. As the microfiber flip mop and the broom and dustpan kit meet the necessary rules to qualify as originating, they would also qualify for preferential treatment under the USMCA.
The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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 Kristopher Burton at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division