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NY J83838




May 29, 2003

CLA2-RR:NC:TA:352 J83838

CATEGORY: CLASSIFICATION

Mr. George M. Keller
Customs Advisory Services, Inc.
1003 Virginia Ave, Suite 200
Atlanta, Georgia 30354

RE: Classification and country of origin determination for bonded fabric consisting of a warp knit fabric of pile construction bonded to a tricot warp knit fabric with a central layer of foam polyurethane plastic; 19 CFR 102.21(c)(2); tariff shift

Dear Mr. Keller:

This is in reply to your letter dated April 22, 2003, on behalf of your client AccuMed Technologies, requesting a classification and country of origin determination for bonded fabric consisting of a warp knit fabric of pile construction bonded to a tricot knit fabric with a polyurethane plastic layer between the two warp knit fabrics which will be imported into the United States.

FACTS:

The subject merchandise, designated as “Breath-O-Prene Fabric” consists of a bonded fabric consisting of three layers that have been fused or bonded together. The two outer layers are warp knit fabrics while the center layer is a sheet of polyurethane cellular plastic. One of the outer layers of fabric, designated as TEC-NAP 5821 is a dyed 3 bar tricot warp knit fabric of loop pile construction. The loop pile is created by overfeeding the yarn controlled by the third guide bar resulting in slack in the floats which form loops projecting up from the fabric surface. It is composed of 85% filament polyamide and 15% filament spandex. This layer has been napped creating a dense fibrous surface of loops. This layer is said to weigh approximately 290 g/m2. The bottom layer of fabric, designated as TEC-MA 5282, is a dyed tricot warp knit fabric composed of 85% filament polyamide and 15% filament spandex. According to data provided, it weighs approximately 190 g/m2. The center layer is a thin layer of cellular polyurethane plastic. Both the knit pile fabric and the tricot fabric are bonded to the foam core creating a three layer bonded fabric. Although not specified, it is presumed that this product will be imported in widths exceeding 30 centimeters.

The manufacturing operations for the bonded fabric occur principally in three different countries and may be summarized as follows:

1. The warp knit pile fabric of pile construction designated as TEC-NAP 5821 is knit in Brazil. It is brushed and finished in Brazil and then exported to the United States.

2. The tricot knit fabric designated as TEC-MA 5282 is knit dyed and finished in Brazil and then exported to the United States.

3. The polyurethane cellular plastic sheet is formed in the United States.

4. The three components of the “Breath-O-Prene Fabric” are then exported to Canada.

5. In Canada the polyurethane cellar plastic sheeting is partially melted on one surface and then squeeze bonded to the tricot fabric designated as TEC-MA 5282.

6. In Canada the 2 ply laminate formed in step 5 above has the exposed side of the polyurethane layer flamed partially melting it and then the warp knit pile fabric designated as TEC-NAP 5281 is squeeze bonded to the 2 ply laminate creating the final product, a three ply laminate with the polyurethane cellular plastic forming the core of the fabric and the means by which the three layers are bonded together.

ISSUE:

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

CLASSIFICATION:

The applicable subheading for the three ply bonded fabric designated as Breath-O-Prene will be 6001.22.0000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for pile fabrics, including “long pile” fabrics and terry fabrics, knitted or crocheted, loop pile fabrics, of man-made fibers. The rate of duty will be 17.4 percent ad valorem.

This bonded fabric falls within textile category designation 224. The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

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

6001-6006 (1) Except for fabric of wool or of fine hair, a change from greige fabric of heading 6001 through 6006 to finished fabric of heading 6001 through 6006 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 paragraph (1) of this entry, a change to heading 6001 through 6006 from any heading outside that group, provided that the change is the result of a fabric-making process.

Section 102.21(b)(2) of the Customs Regulations defines the meaning of a “fabric-making” process for the purposes of the determination of the country of origin of imported textile and apparel products for purposes of Customs laws and the administration of quantitative restrictions. This section states:

(2) Fabric-making process. 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.

In the case before us for consideration the only country where a fabric making process occurs is in Brazil where yarns are used to form fabric by knitting.

As the fabric is formed by a fabric making process in a single country, that is, Brazil, as per the terms of the tariff shift requirement and/or other requirements specified in paragraph (e), country of origin is conferred in Brazil.

HOLDING:

The country of origin of the bonded fabric designated as “Breath-O-Prene” is Brazil. Based upon international textile trade agreements products of Brazil 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 section 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 Alan Tytelman at 646-733-3045.

Sincerely,

Robert B. Swierupski
Director,

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