United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2001 NY Rulings > NY G84918 - NY G84970 > NY G84956

Previous Ruling Next Ruling
NY G84956




January 5, 2001

CLA2-RR:NC:TA:350 5603.13.0090

CATEGORY: CLASSIFICATION

Ms. Margaret Solinger
Dupont Legal D-7076A
1007 Market Street
Wilmington, DE 19898

RE: Classification and country of origin determination for a coated/laminated nonwoven fabric to be imported from Korea; 19 CFR 102.21(c)(5).

Dear Ms. Solinger:

This is in reply to your letter dated November 29, 2000, requesting a classification and country of origin determination for a coated/laminated nonwoven fabric, which will be imported into the United States.

FACTS:

The subject merchandise, as described in your correspondence, consists of a “Mother Roll” of nonwoven fabric (of heading 5603) composed of spunbonded polyethylene man-made fibers (filament form). You write that this roll of fabric, produced in Luxembourg, measures approximately 120 inches in width and 5,600 linear yards in length and weighs about 1,000 pounds. In this condition it is shipped to a plant in China where it is cut to smaller rolls measuring approximately 60 inches in width and 1,000 yards in length and weighing less than 200 pounds each.

Finally, in this condition, the rolls of fabric will be sent on to Korea where pigmented melted polyurethane is first laid on release paper and cooled down. It is then adhered to the polyethylene textile substrate by means of an adhesive and is embossed (molded) at the same time using the pattern that is already on the transfer paper. The plastic surface seems to have been further printed or colored to enhance the surface definition. The pattern is a type of snakeskin or reptile design and is deep green in color. This process, you state, is called “transfer lamination”. The finished product consists by weight of 55% polyurethane plastic and 45% polyethylene textile substrate. This ratio may also be 50/50 depending on the contractor or process. The finished material is stated to weigh 3 ounces per square yard. The submitted sample, however, was found to weigh about 4.5 ounces per square yard. The finished laminated fabric will be sold to apparel and active-wear manufacturers.

ISSUE:

What are the classification and country of origin of the subject merchandise?

CLASSIFICATION:

The applicable subheading for the material will be 5603.13.0090 Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for nonwovens, whether or not impregnated, coated, covered or laminated, of man-made filaments, weighing more than 70 g/m² but not more than 150 g/m² using the furnished weight of 3 ounces. The duty rate will be Free. Classification, using the calculated weight of 4.5 ounces for the submitted sample, is under subheading 5603.14.3000, which provides for nonwovens weighing more than 150 g/m², Laminated fabrics. The duty rate is also Free.

We have, by the material's construction, a laminated fabric.

COUNTRY OF ORIGIN - LAW AND ANALYSIS:
On December 8, 1994, the President signed into law the Uruguay Round Agreements Act. Section 334 of that Act (codified at 19 U.S.C. 3592) provides new rules of origin for textiles and apparel entered, or withdrawn from warehouse, for consumption, on and after July 1, 1996. On September 5, 1995, Customs published Section 102.21, Customs Regulations, in the Federal Register, implementing Section 334 (60 FR 46188). Thus, effective July 1, 1996, the country of origin of a textile or apparel product shall be determined by sequential application of the general rules set forth in paragraphs (c)(1) through (5) of Section 102.21.

Paragraph (c)(1) states that "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 that "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 that "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

5602-5603 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.

As the fabric making process for this laminated fabric did not take place in a single country, ¶ (c)(2) of section 102.21is inapplicable

Section 102.21(c)(3) states that, "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, 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”. Since both the textile base and plastic surface laminate equally contribute to the nature of the product, a single country of origin determination cannot be made based on Section 102.21(c)(4).

Paragraph (c)(5) states that “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 good, as both components, i.e., the textile body and the embossed plastic surface contribute to the nature, character and salability of the good, with the lamination of the simulated leather skin occurring last in Korea, the country of origin is conferred by the last country in which an important assembly or manufacturing process occurred, which in this case is Korea.

HOLDING:

The country of origin of the product is deemed to be Korea. Based upon international textile trade agreements products of Korea are subject to quota and the requirement of a visa.

The holding set forth above applies only to the specific factual situation and merchandise identified in the ruling request. This position is clearly set forth in section 19 CFR 177.9(b)(1). This sections states that a ruling letter, either directly, by reference, or by implication, is accurate and complete in every material respect.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). Should it be subsequently determined that the information furnished is not complete and does not comply with 19 CFR 177.9(b)(1), the ruling will be subject to modification or revocation. In the event there is a change in the facts previously furnished, this may affect the determination of country of origin. Accordingly, if there is any change in the facts submitted to Customs, it is recommended that a new ruling request be submitted in accordance with 19 CFR 177.2.

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 George Barth at 212-637-7085.

Sincerely,

Robert B. Swierupski
Director,

Previous Ruling Next Ruling

See also: