OT:RR:NC:N2:350
Classification: 5603.93.0090
Ms. Angeliky Colokuris
Escoto Customs Brokers Inc.
9540 Joe Rodriguez STE 100
El Paso, TX 79927
RE: The tariff classification, country of origin, country of origin marking, eligibility under the United
States-Mexico-Canada Agreement (“USMCA”) for nonwoven filtration fabric; 19 CFR 102.21 (c)(5)
Dear Ms. Colokuris:
This is in reply to your letter dated December 18, 2025, requesting a ruling on the tariff classification,
country of origin, country of origin for marking purposes, and eligibility under the
United-States-Mexico-Canada Agreement (“USMCA”) for a nonwoven filtration fabric on behalf of your
client Columbus Industries Texas LLP.
FACTS:
The nonwoven fabric under consideration is referred to as “Hydro Charge Filtering Nonwoven Media Rolls,”
part number PDC1961370. You have submitted three samples of the nonwoven fabric to this office, each
approximately 8”×11” in size. The nonwoven fabric consists of two layers of fabric: the “backer” composed
wholly of polyester staple fibers and the “meltblown,” composed of 100 percent filament fibers. Both layers
are said to be laminated together using hot-melt adhesive in a laminating machine. The “Hydro Charge
Filtering Nonwoven Media Rolls” will be imported into the United States on rolls in widths of 24 inches and
48 inches, and in lengths ranging from 2500 to 3,000 linear feet, depending on end-user application.
The total fabric weight is 81 g/m2 (comprising 60 g/m2 staple fibers and 21 g/m2 filament fibers). The
meltblown layer of the combined nonwoven fabric undergoes more processing steps in order to enhance the
layer’s capabilities to filter particulates from the air. For example, the meltblown layer is immersed in a
plasma chamber and treated with hexafluoropropylene, then it is subjected to temperature-controlled
high-pressure water imparting a permanent electrostatic charge to the fabric.
The pertinent manufacturing operations for the completed nonwoven filtration fabric are as follows:
United States
Polypropylene resin/pellets are sourced.
Polypropylene resin/pellets are extruded into filament fibers and the meltblown nonwoven fabric is formed.
Hexafluoropropylene gas is produced.
Meltblown nonwoven fabric is put onto rolls and then shipped to Mexico.
China
Polyester staple fibers and acrylic resin are manufactured.
Polyester staple fibers are further processed by pulping, dehydration and forming of the nonwoven fabric.
Nonwoven fabric is impregnated with acrylic resin binder for bonding the fabric.
Finished polyester nonwoven staple fiber fabric is inspected, put onto rolls and then shipped to Mexico.
Mexico
The meltblown fabric is immersed in a plasma chamber where it is treated with the hexafluoropropylene gas.
The treated meltblown is then subjected to high-pressure water jets at controlled temperatures to activate the
hydrocharging effect.
The meltblown layer is bonded to the backer fabric using hot-melt adhesive, in a laminating machine.
The finished filter fabric is wrapped with stretch film and stacked on wooden pallets for storage and shipping
to the United States.
CLASSIFICATION:
In your submission you suggest classification of the “Hydro Charge Filtering Nonwoven Media Rolls” under
heading 5911 as “Textile products and articles, for technical uses.” We disagree. In HQ H273379,
Headquarters reviewed Airflow Technology, Inc. v. United States, 524 F.3d 1287 (Fed. Cir. 2008), issued by
the U.S. Court of Appeals for the Federal Circuit, which examined a nonwoven fabric used in air filtration,
and upon remand, it was ultimately determined that nonwoven filtration fabric is not classifiable in heading
5911.
The applicable subheading for the “Hydro Charge Filtering Nonwoven Media Rolls” will be 5603.93.0090,
Harmonized Tariff Schedule of the United States (“HTSUS”), which provides for “Nonwovens, whether or
not impregnated, coated, covered or laminated: Other: Weighing more than 70g/m2 but not more than
150g/m2… Other.” The rate of duty will be Free.
COUNTRY OF ORIGIN - LAW AND ANALYSIS:
Section 334 of the Uruguay Round Agreements Act (“URAA”) (codified at 19 USC 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.
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:
HTSUS Tariff shift and/or other requirements
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 “fabric-making process” is defined in 102.21(b)(2) as follows:
A fabric-making process is any manufacturing operation that begins with polymers, fibers, filaments
(including strips), yarns, twine, cordage, rope, or fabric strips and results in a textile fabric.
Since the “Hydro Charge Filtering Nonwoven Media Rolls” are constructed from two different fabrics
formed in the U.S. and China, Section 102.21(c)(2) is inapplicable.
Section 102.21(c)(3) states, “Where the country of origin of a textile or apparel product cannot be determined
under paragraph (c)(1) or (2) of this section:
(i) If the good was knit to shape, the country of origin of the good is the single country, territory, or insular
possession in which the good was knit; or
(ii) Except for goods of heading 5609, 5807, 5811, 6213, 6214, 6301 through 6306, and 6308, and
subheadings 6209.20.5040, 6307.10, 6307.90, and 9404.90, if the good was not knit to shape and the good
was wholly assembled in a single country, territory, or insular possession, the country of origin of the good is
the country, territory, or insular possession in which the good was wholly assembled.”
As the subject merchandise is neither knit to shape, nor wholly assembled in a single country, Section 102.21
(c)(3) is inapplicable.
Section 102.21 (c)(4) states, “Where the country of origin of a textile or apparel product cannot be
determined under paragraph (c)(1), (2) or (3) of this section, the country of origin of the good is the single
country, territory or insular possession in which the most important assembly or manufacturing process
occurred.” The most important manufacturing process occurs at the time of the fabric making. Since the
fabrics for the “Hydro Charge Filtering Nonwoven Media Rolls” are formed in two different countries, and
no one fabric is more important than the other, the country of origin cannot be made based on the fabric
making process. As such, Section 102.21(c)(4) is inapplicable.
Paragraph (c)(5) states, “Where the country of origin of a textile or apparel product cannot be determined
under paragraph (c)(1), (2), (3) or (4) of this section, the country of origin of the good is the last country,
territory or insular possession in which an important assembly or manufacturing process occurred.”
Accordingly, in the case of the subject “Hydro Charge Filtering Nonwoven Media Rolls,” country of origin is
conferred by the last country in which an important assembly or manufacturing process occurred, that is, M
exico.
COUNTRY OF ORIGIN MARKING:
Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that unless excepted, every
article of foreign origin imported into the United States 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 United States, the English name of the country of origin of the
article. Congressional intent in enacting 19 U.S.C. 1304 was “that the ultimate purchaser should be able to
know by an inspection of the marking on the imported goods the country of which the goods is the product.
The evident purpose is to mark the goods so that at the time of purchase the ultimate purchaser may, by
knowing where the goods were produced, be able to buy or refuse to buy them, if such marking should
influence his will.” See United States v. Friedlander & Co., 27 C.C.P.A. 297, 302 (1940).
Part 134 of the U.S. Customs and Border Protection (“CBP”) Regulations (19 CFR 134) implements the
country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.1(b), CBP
Regulations (19 CFR 134.1(b)), defines “country of origin” 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 the marking laws and regulations.”
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.
In this case, you propose to mark the product with a label affixed directly to “Hydro Charge Filtering
Nonwoven Media Rolls” as “Made in Mexico.” As determined above, pursuant to 19 CFR 102.21(c)(5) the
country of origin of the “Hydro Charge Filtering Nonwoven Media Rolls” is Mexico. Accordingly, the
proposed marking satisfies the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134.
USMCA ELIGIBILITY:
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. General Note (“GN”) 11 of the 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 non originating materials, if the good satisfies all applicable requirements set forth in
this note (including the provisions of subdivision (o))
Since the “Hydro Charge Filtering Nonwoven Media Rolls” contain non-originating materials, they are not
considered to be a good wholly obtained or produced entirely in a USMCA country under GN 11(b)(i), nor
are the products produced exclusively from originating materials per GN 11(b)(ii). Thus, we must determine
whether the product qualifies under GN 11(b)(iii). The “Hydro Charge Filtering Nonwoven Media Rolls” are
classified under subheading 5603.93, HTSUS. The applicable rule of origin for goods classified under
subheading 5603.93, HTSUS, GN 11(o) Chapter 56, provides, in paragraph [1]: A change to headings 5601
through 5605 from any other chapter, except from headings 5106 through 5113, 5204 through 5212, 5310
through 5311 or chapters 54 through 55. Based on the facts provided, a non-originating material of 5603.92
is used in the production of the good; therefore, the required change in chapter does not occur. The goods
will, therefore, not qualify for preferential tariff treatment under the USMCA.
HOLDING:
The tariff classification for “Hydro Charge Filtering Nonwoven Media Rolls” is subheading 5603.93.0090,
HTSUS, and the country of origin is Mexico pursuant to 19 CFR 102.21(c)(5). Based on the provided
information, we find that the country of origin marking, “Made in Mexico” satisfies the marking
requirements of 19 U.S.C. 1304 and 19 CFR 134.46.
The “Hydro Charge Filtering Nonwoven Media Rolls,” described above, do not qualify for preferential tariff
treatment under the USMCA.
The duties cited above are current as of this ruling’s issuance. Duty rates are provided for your convenience
and are subject to change he text of the most recent HTSUS and the accompanying duty rates are provided at
https://hts.usitc.gov/.
This ruling does not address the applicability of any additional duties, taxes, fees, exactions and/or other
charges, which may apply to the goods discussed herein. This includes, but is not limited to, tariffs and other
duties as provided for in Subchapter III to Chapter 99, HTSUS. Thus, for example, in addition to the
classification stated above, the merchandise covered by this ruling may also need to be reported with either
the Chapter 99 provision under which an additional tariff applies or one of the Chapter 99 provisions
covering exceptions to such tariffs.
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 Code of Federal 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, please contact
National Import Specialist Michael Capanna at [email protected].
Sincerely,
(for)
Denise Faingar
Designated Official Performing the Duties of the Division Director
National Commodity Specialist Division