CLA-2-59:S:N:N6:350 897623
Mr. Alan Litwin
F.W. Myers & Co., Inc.
405 North French Road, Suite 100
Amherst, NY 14226
RE: The tariff classification and status under the North
American Free Trade Agreement (NAFTA), and the proper
country of origin marking, of reflective textile strip
produced in Canada.
Dear Mr. Litwin:
In your letter dated April 25, 1994, on behalf of Dynatex
Textiles Inc., North York, Ontario, Canada, you requested both a
classification ruling on the status of reflective textile strip
from Canada under the NAFTA and the proper country of origin
marking for this product.
The subject of this ruling consists of a one inch wide bias
cut fabric with a one-half inch wide reflective plastic strip
laminated longitudinally along the center of the fabric. This is
the kind of material that would be sewn or attached to garments,
back packs or similar products as a safety feature.
Dynatex writes that their supplier, in Canada, receives
woven 65/35 (polyester/cotton), full width, greige goods from
manufacturers in China, Pakistan or Korea. In Canada, the goods
are scoured, desized, bleached, singed, dyed, a permanent
stiffener applied, and an anti-shrink resin applied. The goods
are then shipped to Dyanatex, where they go through a tubular
sewing operation. The goods are then reopened on a bias machine.
The bias formed fabric is then put on a slitting machine and cut
to width specification, which, in this case, is one inch. Such
sewing and cutting of this fabric deem it to be considered a
product of Canada. This material, by itself, is classifiable as
a woven fabric under subheading 5513.21, HTS.
The reflective strip is then laminated to the fabric. The
reflective strip is a thin plastic sheet encapsulating very small
beads of either glass or of some other reflective material and is
made in the United States. The reflective plastic material is not
identified as to the type of plastic, but such material would be
classified as a plastic strip under HTS heading 3920. We believe
the plastic to be other than polyvinyl chloride or polyurethane.
Also, the Customs laboratory, at New York, verified that the weight
of the textile to plastic is approximately 50/50 percent.
The applicable tariff provision for the reflective textile
strip will be 5903.90.2500, Harmonized Tariff Schedule of the
United States Annotated (HTSUSA), which provides for Textile
fabrics ...covered or laminated with plastics,: Other, Of man-made
fibers: not over 70 percent by weight plastic. The general rate of
duty will be 8.5 percent ad valorem.
The non-originating material does not qualify for preferential
treatment under the NAFTA because according to General Note 12 (t)
Change in Tariff Classification Rules. Chapter 59 number 3.,
excludes a change to heading 5903 from heading 5513.
With respect to your question concerning the marking of this
article, section 304, Tariff Act of 1930, as amended (19 U.S.C.
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 legible, indelibly and permanently as the
nature of the article (or its container) will permit, in such a
manner as to indicate the ultimate purchaser in the U.S. the
English name of the country of origin of the article. Part 134,
Customs Regulations (19 CFR Part 134) implements the country of
origin marking requirements and exceptions of 19 U.S.C. 1304.
Section 134.1(j) of the interim regulations, provides that the
"NAFTA Marking Rules" are the rules promulgated for purposes of
determining whether a good is a good of a NAFTA country. Section
134.1(g) of the interim regulations, defines a "good of a NAFTA
country" as an article of which the country of origin is Canada,
Mexico or the United States as determined under the NAFTA Marking
Rules. Section 134.45(a)(2) of the interim regulations, provides
that a "good of a NAFTA country" may be marked with the name of the
country of origin in English, French or Spanish.
Applying the NAFTA rules of origin set forth in Part 102 of
the interim regulations to the facts of this case, we find that the
imported reflective strip is not a good of a NAFTA country for
marking purposes. For example, each of the non-originating
materials used to make the product has not satisfied the changes in
tariff classification set out in Section 102.20.
For marking purposes, "Made in Canada" would be acceptable
according to the applicable regulations.
This ruling is being issued under the provisions of Part
181 of the Customs Regulations (19 C.F.R. 181).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Should you wish to request an administrative review of this
ruling, submit a copy of this ruling and all relevant facts and
arguments within 30 days of the date of this letter, to the
Director, Office of Regulations and Rulings, U.S. Customs Service,
1301 Constitution Ave. N.W., Franklin Court, Washington, D.C.
20229.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport