OT:RR:NC:N3:351
Mr. Joseph Walter
Livingston International
61 John Muir Drive
Amherst, NY 14228
RE: The country of origin determination for face masks; 19 CFR 102.21 (c)(2)
Dear Mr. Walter:
This is in reply to your letter dated February 6, 2026, requesting a classification and country of origin
determination on behalf of your client, Primed Medical Products Inc, for face masks. In lieu of a sample,
photographs of the product were provided to this office.
The items, described as “ASTM Level 1 to Level 3 Face Masks,” are unisex nonwoven disposable face
masks that are intended to be used as a protective face covering. Each pleated face mask is composed of
three or four layers of nonwoven textile fabric: a 100 percent polypropylene melt-blown nonwoven fabric is
sandwiched between two or three layers of 100 percent polypropylene spun bonded nonwoven fabric. Each
face mask features an aluminum strip on the top edge which lies on the bridge of the nose to help the mask
conform to the contours of the face and is fastened behind the ears with nylon ear loops. You state the
dimensions of the face masks ranges from 6 inches in length by 3 ¾ inches in width to 7 ¼ inches in length
by 4 ¼ inches in width. You also state the total weight of the face masks have a range from 60 grams per
square meter (gsm) (Level 1) to 100+ gsm (Level 3).
You state the manufacturing operations for the face masks are as follows:
Thailand:
100 percent spun bonded polypropylene nonwoven fabric (outer and inner layers) is formed and
shipped in rolls to Laos.
100 percent melt-blown polypropylene nonwoven fabric (middle layer) is formed and shipped in rolls
to Laos.
China:
100 percent nylon ear loop is produced and shipped in bulk bags to Laos.
Aluminum nose bridge is produced and shipped to Laos.
Laos:
Nonwoven fabric is cut to the required width.
The two edges and the aluminum nose bridge are ultrasonically welded.
Fabric is pleated and mask is cut to required size.
The remaining two side edges are ultrasonically welded, and the ear loops are attached to the mask.
The completed masks are inspected, packaged, and shipped to the United States.
ISSUE:
What is the country of origin of the subject merchandise?
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)(1) provides the rules used to determine the country of origin of a textile or apparel product
under paragraph (c)(2) of this section. These rules are dependent on the classification of the good. The face
masks are classified under subheading 6307.90.9870, Harmonized Tariff Schedule of the United States
(HTSUS).
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 formed by
a fabric-making process
The “fabric-making process” is defined in 19 CFR 102.21(b)(2) as “any manufacturing operation that begins
with polymers, fibers, filaments (including strips), yarns, twine, cordage, rope, or fabric strips and results in a
textile fabric.”
As the fabric for the face masks are formed by the fabric-making process in a single country, that is,
Thailand, as per the terms of the tariff shift requirement, the country of origin for the face masks is conferred
in Thailand.
HOLDING:
The country of origin of the face masks is Thailand pursuant to 19 CFR 102.21 (c)(2).
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)
James Forkan
Designated Official Performing the Duties of the Division Director
National Commodity Specialist Division