CLA 2-OT:RR:NC:N3:352
Mr. Thomas W. Singer
iCustom Broker, Inc.
2211 Sheridan Drive
Buffalo, NY 14223
RE: Classification and country of origin determination for three textile fabrics for use in the manufacture of roller or vertical window blinds, from Italy; 19 CFR 102.21(c)(2)
Dear Mr. Singer:
This is in reply to your letter dated August 30, 2011, on behalf of Louver-Lite (Canada) Limited, requesting a classification and country of origin determination for five textile fabrics which will be imported into the United States.
A ruling regarding the fabrics identified as Mantilla and Ravel cannot be issued at this time, as these items were sent to the Customs Laboratory for analysis. A separate ruling will be issued for these two styles at a later date.
FACTS:
The subject merchandise consists of three fabrics, identified as Festoon, Harvest, and Kasbah. The base fabric, woven in Italy, is sent to the United Kingdom in the greige state for any printing, dyeing, coating, trimming and/or slitting. The finished fabrics will be imported into the United States in 200-205 centimeter widths, and are intended for use as roller or vertical window blinds.
Detailed descriptions for each fabric obtained from your original submission, subsequent correspondence and samples, are as follows:
Styles Festoon, Harvest and Kasbah are made from a jacquard-woven fabric composed of 73% textured polyester filament and 27% textured polypropylene filament yarns of different colors. The fabric contains 35 single yarns per centimeter in the warp and 8 single yarns per centimeter in the filling, and weighs approximately 225 g/m2. You indicate that the fabric has been coated with a vinyl-based clear emulsion. However, this coating is not visible to the naked eye. The fabric is woven in Italy, and then sent to the United Kingdom in a greige state for further processing.
ISSUE:
What are the classification and country of origin of the subject merchandise?
CLASSIFICATION:
The applicable subheading for styles Festoon, Harvest, and Kasbah will be 5407.73.2060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404: other woven fabrics, containing 85 percent or more by weight of synthetic filaments: of yarns of different colors: weighing more than 170 g/m2. The general rate of duty will be 8.5 percent ad valorem.
In your submission you suggest classification under subheading 5903.90.2500 of the Harmonized Tariff Schedule of the United States (HTSUS). However, classification under that subheading is precluded as the coating is not visible to the naked eye.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
COUNTRY OF ORIGIN - LAW AND ANALYSIS:
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, “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,
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
5407-5408 […] a change to heading 5407-5408 from any heading outside that group, provided that the change is the result of a fabric-making process.
“Fabric-making process” is defined in paragraph (b)(2) of Section 102.21 as:
… any manufacturing operation that begins with polymers, fibers, filaments (including strips), yarn, twine, cordage, rope, or fabric strips and results in a textile fabric.
Since styles Festoon, Harvest, and Kasbah were woven in a single country, Italy, as per the terms of the tariff shift requirements the country of origin is conferred in Italy.
HOLDING:
The country of origin of styles Festoon, Harvest, and Kasbah is Italy.
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 Maribeth Dunajski at (646) 733-3045.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division