OT:RR:NC:N3:351
Mr. Ameet Shah
Culp Inc.
1823 Eastchester Drive
Highpoint, NC 27265
RE: The tariff classification, country of origin determination, and HOPE eligibility for a pregnancy support
belt; 19 CFR 102.21(c)(2)
Dear Mr. Shah:
This is in reply to your letter dated May 16, 2025, requesting a classification, country of origin determination,
and HOPE eligibility for a pregnancy support belt. A sample of the pregnancy support belt was provided with
your request and will be retained by this office for training purposes.
The sample, described as a “Motif Medical - Pregnancy Band,” is a textile support belt designed to be worn
around the abdomen and provide support, comfort, and stability for a woman during pregnancy. The support
belt consists of five panels which are sewn together around the edges with an 88 percent polyester and 12
percent spandex knit binding fabric. The two end panels are composed of an outer layer of 100 percent nylon
knitted velvet fabric, a middle layer of 100 percent polyester knitted fabric, and an inner layer of 88 percent
polyester and 12 percent spandex knitted fabric. Each of the panels sewn to the end panel are composed of an
outer layer of 100 percent polyester knitted fabric and an inner layer of 88 percent polyester and 12 percent
spandex knitted fabric. The middle panel is composed of a double layer of 95 percent polyester and 5 percent
spandex knitted mesh fabric. The support belt is shaped like a cummerbund and attaches around the abdomen
with a hook-and-loop fastener on each end. In addition, the support belt features two pieces of polypropylene
(PP) strips measuring ½ inch wide by 5 inches in length inserted in the center of the inside of the belt; and
two, 6 inch long by 5 ½ inch wide, pieces of elastic knit fabric attached to the PP strip on the inside face of
the belt. The polypropylene insert provides balance and support to the body on the back while the elasticized
design provides support to the body on both sides. The support belt is available in seven sizes (lengths): XS
37 ½", S 43, M 52 ½", L 59, and XL 65 ½". You also state the support belt can be worn under or over
clothing depending on the user’s preference.
The manufacturing operations for the insert are as follows:
China:
• The 95 percent polyester and 5 percent spandex mesh fabric were knitted and shipped in rolls to Haiti.
• The 100 percent nylon velvet fabric were knitted and shipped in rolls to Haiti.
• The 100 percent polyester (sandwich) fabric were knitted and shipped in rolls to Haiti.
• The 88 percent polyester and 12 percent spandex fabric were knitted and shipped in rolls to Haiti.
• The hook-and-loop fasteners, elastic, ribbon, PP strip, and thread are produced and shipped to Haiti.
Haiti:
• The pregnancy support belt is cut, sewn, and packaged then shipped to the U.S.
ISSUE:
What are the classification and country of origin of the subject merchandise?
CLASSIFICATION:
The applicable subheading for the pregnancy support belt will be 6307.90.9891, Harmonized Tariff Schedule
of the United States (HTSUS), which provides for “Other made up articles, including dress patterns: Other:
Other: Other: Other: Other.” The rate of duty will be 7 percent ad valorem.
The tariffs and additional duties cited above are current as of this ruling’s issuance. 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 at https://hts.usitc.gov/.
COUNTRY OF ORIGIN - LAW AND ANALYSIS:
Section 334 of the Uruguay Round Agreements Act (“URAA”) (codified at 19 U.S.C. 3592), enacted on
December 8, 1994, provides the rules of origin for textiles and apparel products for purposes of the customs
laws and the administration of quantitative restrictions, unless otherwise provided by the statute, entered, or
withdrawn from warehouse, for consumption on or after July 1, 1996. Section 3592 has been described as
Congress’s expression of substantial transformation as it relates to textile and apparel products. Section
102.21 of the Code of Federal Regulations (19 CFR 102.21), implements the URAA. 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. See 19 CFR 102.21(c).
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:
HTSUS Tariff shift and/or other requirements
6307.90 The country of origin of a good classifiable under 6307.90 is the country, territory, or insular
possession in which the fabric comprising the good was formed by a fabric-making process.
The pregnancy support belt is comprised of multiple panels of fabric sewn together, and each of these fabrics
are formed by a fabric-making process in a single country, that is China. Therefore, pursuant to 19 CFR
102.21(c)(2), the country of origin of the pregnancy support belt is China.
HAITI ECONOMIC LIFT PROGRAM ACT (HELP) – LAW AND ANALYSIS:
In your letter you specifically request this ruling also address whether the pregnancy support belt is eligible
under Haiti Hemispheric Opportunity through Partnership Encouragement Act of 2006 or 2008 (“HOPE I” or
“HOPE II”) or the Haiti Economic Lift Program Act of 2010 (“HELP”).
Based on the information you have provided above the “Motif Medical – Pregnancy Band,” subheading
9820.63.05, HTSUS, provides the applicable trade preference legislation to consider whether this made-up
article is eligible for duty-free treatment.
Subheading 9820.63.05, HTSUS, established under the HELP Act which modifies the Haiti HOPE II Act
was effective on November 1, 2010 and provides for:
Made-up textile articles described in U.S. note 6(r) to this subchapter and imported directly from Haiti or the
Dominican Republic.
Chapter 98, Subchapter XX, HTSUS, U.S. Note 6(r) states:
For purposes of heading 9820.63.05, any made-up textile article described in subdivision (r)(ii) of this note
that is wholly assembled, or knit-to-shape, in Haiti from any combination of fabrics, fabric components,
components knit-to-shape or yarns and is imported directly from Haiti or the Dominican Republic shall enter
the United States free of duty, without regard to the source of the fabric, fabric components, components
knit-to-shape or yarns from which the article is made.
The made-up textile articles that are eligible for the treatment provided under subdivision (r)(i) of this note
are the made-up textile articles that are described in the following statistical reporting numbers of the tariff
schedule, as in effect on May 23, 2010:
5601.10.2000, 5601.22.0090, 5601.29.0010, 5601.29.0020, 5601.29.0090, 5701.10.9000, 5701.90.1030,
5701.90.2010, 5701.90.2020, 5701.90.2030, 5702.31.1000, 5702.31.2000, 5702.32.1000, 5702.32.2000,
5702.39.2010, 5702.42.2090, 5702.50.2000, 5702.50.4000, 5702.50.5200, 5702.50.5600, 5702.91.3000,
5702.91.4000, 5702.92.1000, 5702.92.9000, 5702.99.0500, 5702.99.1500, 5703.10.2000, 5703.10.8000,
5703.21.0010, 5703.21.0090, 5703.29.1000, 5703.29.2010, 5703.29.2090, 5703.31.0030, 5703.31.0060,
5703.31.0085, 5703.39.1000, 5703.39.2030, 5703.39.2090, 5704.10.0010, 5704.10.0090, 5705.00.2005,
5705.00.2015, 5705.00.2030, 5807.10.0510, 5807.10.0520, 5807.90.0510, 5807.90.0520, 6301.30.0010,
6301.30.0020, 6301.40.0010, 6301.40.0020, 6301.90.0010, 6301.90.0020, 6301.90.0030, 6302.39.0010,
6302.60.0010, 6302.60.0020, 6302.60.0030, 6302.91.0005, 6302.91.0015, 6302.91.0035, 6302.91.0045,
6302.91.0050, 6304.11.2000, 6304.11.3000, 6304.19.3040, 6304.19.3060, 6304.91.0020, 6304.91.0040,
6304.91.0050, 6304.91.0070, 6304.92.0000, 6304.93.0000, 6304.99.1500, 6304.99.3500, 6304.99.6010,
6304.99.6020, 6304.99.6040, 6305.20.0000, 6305.32.0010, 6305.32.0020, 6305.32.0050, 6305.32.0060,
6305.39.0000, 6305.90.0000, 6307.10.1020, 6307.10.1090, 6307.90.3010, 6307.90.3020, 6307.90.8910,
6307.90.8940, 6307.90.8945, 6308.00.0020, 6406.10.7700, 6406.10.9020, 6406.10.9040, 6406.10.9060,
6406.10.9090, 9404.90.1000 or 9404.90.9605.
Because the pregnancy support belt is a made up textile article classified under subheading 6307.90.9891,
HTSUS, it is excluded by Chapter 98, Subchapter XX , U.S. Note 6(r)(ii). Therefore, the “Motif Medical –
Pregnancy Band” is not eligible for preferential duty treatment under 9820.63.05.
HOLDING:
The applicable subheading for the “Motif Medical – Pregnancy Band” will be 6307.90.9891, HTSUS, which
provides for “Other made up articles, including dress patterns: Other: Other: Other: Other: Other.” The rate
of duty will be 7 percent ad valorem.
The country of origin of the “Motif Medical – Pregnancy Band” will be China.
The criteria required for preferential treatment under the HOPE/HELP Act has not been satisfied based upon
an analysis of the facts provided. Therefore, the “Motif Medical – Pregnancy Band” is not eligible for
preferential tariff treatment.
Effective March 4, 2025, pursuant to U.S. Note 2(u) to Subchapter III, Chapter 99, all products of China and
Hong Kong as provided by heading 9903.01.24, HTSUS, other than products classifiable under headings
9903.01.21, 9903.01.22, and 9903.01.23, HTSUS, will be subject to an additional 20 percent ad valorem rate
of duty. At the time of entry, you must report the applicable Chapter 99 heading, i.e. 9903.01.24, in addition
to subheading 6307.90.9891, HTSUS, listed above.
Effective April 5, 2025, Executive Orders implemented “Reciprocal Tariffs.” All imported merchandise must
be reported with either the Chapter 99 provision under which the reciprocal tariff applies or one of the
Chapter 99 provisions covering exceptions to the reciprocal tariffs. At this time products from all countries
will be subject to an additional 10 percent ad valorem rate of duty. At the time of entry, you must report the
Chapter 99 heading applicable to your product classification, i.e. 9903.01.25, in addition to subheading
6307.90.9891, HTSUS, listed above.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under
subheading 6307.90.9891, HTSUS, unless specifically excluded, are subject to an additional 7.5 percent ad
valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.15,
in addition to subheading 6307.90.9891, HTSUS, listed above.
The HTSUSA is subject to periodic amendment so you should exercise reasonable care in monitoring the
status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background
information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, including
information on exclusions and their effective dates, you may refer to the relevant parts of the USTR and CBP
websites, which are available at
https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and
https://www.cbp.gov/trade/remedies/301-certain-products-china, respectively.
The tariffs and additional duties cited above are current as of this ruling’s issuance. 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 at https://hts.usitc.gov/.
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 and Border Protection
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, please contact
National Import Specialist Kristine Dodge at [email protected].
Sincerely,
(for)
Steven A. Mack
Director
National Commodity Specialist Division