MAR-2 OT:RR:NC:2:230
Beverly F. Lengert
Panalpina Inc.
1400 – 1100 Melville Street
Vancouver, BC V6E 4A6
Canada
RE: COUNTRY OF ORIGIN MARKING OF IMPORTED BAGS MADE OF POLYPROPYLENE STRIPS AND A BOPP FILM; ARTICLE 509
Dear Ms. Lengert:
This is in response to your letter dated October 29, 2009 requesting a ruling on the country of origin marking requirements for imported bags made of polypropylene strips which are claimed to be goods of a NAFTA country. A sample was not submitted.
You state that you import into Canada from China sheets/rolls of interwoven polypropylene strips. The strips are over 5 mm in width. In addition, you also import into Canada from China a Biaxially Oriented Polypropylene film (BOPP). In Canada, the BOPP film is laminated to the sheets/rolls of interwoven polypropylene strips. Multi colored graphics are applied to the laminated sheets/rolls. The sheets/rolls are “belly welded into tubes, which are then cut to size and sewn closed at one end creating the product imported into the United States, plastic bags.
Polypropylene strips over 5 mm in width meet the definition of the expression “plaiting materials” of Chapter 46, Note 1. Woven sheets of polypropylene strips over 5 mm in width are considered products of plaiting materials and classifiable under heading 4601.99, HTS. The BOPP film is a plastic product classifiable under subheading 3920.20, HTS.
The marking statute, 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 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. Part 134, Customs Regulations (19 CFR Part 134) implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304.
The country of origin marking requirements for a “good of a NAFTA country” are also determined in accordance with Annex 311 of the North American Free Trade Agreement (“NAFTA”), as implemented by section 207 of the North American Free Trade Agreement Implementation Act (Pub. L. 103-182, 107 Stat 2057) (December 8, 1993) and the appropriate Customs Regulations. The Marking Rules used for determining whether a good is a good of a NAFTA country are contained in Part 102, Customs Regulations. The marking requirements of these goods are set forth in Part 134, Customs Regulations.
Section 134.1(j), CBP Regulations, provides that “[t]he ‘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), CBP Regulations, defines a "good of a NAFTA country" as “an article for which the country of origin is Canada, Mexico, or the United States as determined under the NAFTA Marking Rules.”
Section 102.11, CBP Regulations, sets forth the required hierarchy for determining whether a good is a good of a NAFTA country for marking purposes. Section 102.11 provides in pertinent part as follows:
(a) 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 § 102.20 and satisfies any other applicable requirements of that section, and all other applicable requirements of these rules are satisfied.
The woven polypropylene material in sheet/roll form from China is classifiable in heading 4601, HTS. The BOPP film from China is classifiable under heading 3920, HTS. After processing in Canada, the manufactured bags made from these materials are classifiable in heading 4602, HTS. The applicable tariff shift rule in 19 CFR § 102.20 states: “A change to heading 4602 from any other heading.” Thus, we find that the goods have undergone the required tariff shift. Accordingly, the country of origin for marking purposes of the subject bags is Canada.
This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 CFR Part 181).
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 Paul Garretto at (646) 733-3035.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division