CLA 2-RR:NC:N3:351 L81883
Harold Averill
Corrigan Dispatch Co.
Box 3610
1350 Cheers Blvd.
Brownsville, TX 78523-3610
RE: Classification and country of origin determination for netting for sports facilities and commercial fishing nets; 19 CFR 102.21(c)(2); tariff shift
Dear Mr. Corrigan:
This is in reply to your letter dated Jan. 3, 2005, requesting a country of origin determination for netting for sports facilities and commercial fishing nets that will be imported into the United States. In our ruling K88845, dated September 2, 2004, we ruled on the classification and NAFTA eligibility of these nets.
FACTS:
The subject merchandise consists of netting for sports facilities and commercial fishing nets.
The manufacturing operations for the nets are as follows: The nets are composed of knotted netting of a twisted cord that you say is nylon, with 2” mesh. The netting is imported into Mexico from Indonesia, Thailand, or China. The netting will be made up into nets for batting cages, batting practice nets, barriers at golf driving ranges, or other protective uses. None of the uses are actually game-related (as tennis nets or goal nets would be, for example). In your previous ruling request, you submitted a brochure showing various commercial fishing nets into which the netting may be made up; none appear to be for hand-casting.
In Mexico, the netting is cut to size and shape and made up by adding a rope border (the rope is manufactured in China) and metal grommets, snaps, or rings, as required. In addition, the finished nets may be UV treated. The fishing nets have floats sewn to the top and weights sewn to the bottom.
ISSUE:
What are the classification and country of origin of the subject merchandise?
CLASSIFICATION:
The applicable tariff provision for the protective batting cage and driving range nets will be 5608.19.2090, Harmonized Tariff Schedule of the United States Annotated (HTSUS), which provides for “Knotted netting of twine, cordage, or rope; . . . other made up nets, of textile materials: Of man-made textile materials: Other: Other: Other.” The general rate of duty will be five percent ad valorem.
The applicable subheading for the commercial fishing nets will be 5608.11.0090, HTSUS, which provides for “Knotted netting of twine, cordage or rope; made up fishing nets and other made up nets, of textile materials: Of man-made textile materials: made up fishing nets, Other.” The general rate of duty will be eight percent ad valorem.
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 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
5608 (2) A change to fishing nets or other made up nets of heading 5608:
(b) If the good contains nontextile attachments, from any heading including a change from another good of heading 5608, provided that the change is the result of the good being wholly assembled in a single country, territory or insular possession.
As the nets contain nontextile attachments that are assembled to the nets in a single country, that is, Mexico, as per the terms of the tariff shift requirement of CR 102.21(c)(2), country of origin is conferred in Mexico.
HOLDING:
The country of origin of the protective sports netting is Mexico.
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.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division