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NY K83211

February 24, 2004

CLA2-RR:NC:N3:351 K83211


Lisa V. Waller
BDG International, Inc.
846 Foster Ave.
Bensonville, IL 60106

RE: Classification and country of origin determination for a flexible intermediate bulk container; 19 CFR 102.21(c)(2); tariff shift

Dear Ms. Waller:

This is in reply to your letter dated Feb. 17, 2004, on behalf of your client, Bulklift Int’l., requesting a classification and country of origin determination for a flexible intermediate bulk container (FIBC) which will be imported into the United States.


The subject merchandise consists of a flexible intermediate bulk container FIBC).

The manufacturing operations for the FIBC are as follows, according to your letter: fabric is woven in South Carolina of textile strips that meet the tariff definition of textile strips. The bags are assembled in Turkey and returned to the U.S. You did not say where the fabric is cut to shape.


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


The applicable subheading for the FIBC will be 6305.32.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for sacks and bags, of a kind used for the packing of goods: Of man-made textile materials: Flexible intermediate bulk containers...weighing one kg or more. The rate of duty will be 8.4 percent ad valorem.

Subheading 6305.32.0010 falls within textile category designation 669. At the present time, products of Turkey in category 669 are not subject to quota or the requirement of a visa. However, 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.


Section 334 of the Uruguay Round Agreements Act (codified at 19 U.S.C. 3592), enacted on December 8, 1994, provided rules of origin for textiles and apparel entered, or withdrawn from warehouse for consumption, on and after July 1, 1996. Section 102.21, Customs Regulations (19 C.F.R. 102.21), published September 5, 1995, in the Federal Register, implements Section 334 (60 FR 46188). Section 334 of the URAA was amended by section 405 of the Trade and Development Act of 2000, enacted on May 18, 2000, and accordingly, section 102.21 was amended (68 Fed. Reg. 8711). Thus, 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 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

6301-6306 The country of origin of a good classifiable under heading 6301 through 6306 is the country, territory, or insular possession in which the fabric comprising the good was formed by a fabric-making process.

As the fabric is woven in a single country, that is, the United States, as per the terms of the tariff shift requirement, country of origin for marking purposes is conferred in the United States.

If a good is determined to be an article of U.S. origin, it is not subject to the country of origin marking requirements of 19 U.S.C. §1304. Whether an article may be marked with the phrase “Made in the USA” or similar words denoting U.S. origin is an issue under the authority of the Federal Trade Commission (FTC). We suggest that you contact the FTC Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C. 20508 on the propriety of proposed markings indicating that an article is made in the U.S.

The Bureau of Customs and Border Protection is currently in the process of publishing a Federal Register Notice to solicit comments concerning the country of origin rules for certain imported textiles and textile products which are products of the United States that are returned after having been advanced in value or improved in condition abroad. Specifically, we are soliciting public comments to determine whether the country of origin determination for quota and visa purposes is to be made by application of Section 102.21 or by application of Section 12.130(c). Until the conclusion of the publication process, as enunciated in our prior rulings, 12.130(c) applies for determining the country of origin for quota and visa purposes.


The FIBC is classified in subheading 6305.32.0010, HTS. The rate of duty will be 8.4 percent ad valorem. Based upon international textile trade agreements, at the present time there are no quota restrictions and no requirement of a visa from Turkey. The country of origin of the FIBC is the United States for marking purposes.

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 Mitchel Bayer at 646-733-3102.


Robert B. Swierupski

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