CLA 2-OT:RR:NC:TA:350
Ms. Emily Chauvin
Access Business Group International LLC
7575 Fulton Street East
Ada, MI 49355
RE: Classification and country of origin determination for a Pre-Filter (WSA1936) to be imported from Mexico; 19 CFR 102.21(c)(2)
Dear Ms. Chauvin:
This is in reply to your letter dated June 8, 2009, requesting a classification and country of origin determination for a Pre-Filter which will be imported into the United States.
FACTS:
The subject merchandise is a Pre-Filter for use in water treatment systems. The Pre-filter is cylindrical in shape, with a nonwoven textile component that has been pleated into an accordion shape and secured on each end with circular plastic end caps. The Pre-filter measures about 7" high and 5" in diameter.
The manufacturing operations for the Pre-Filter are as follows:
U.S. manufacturer receives polypropylene plastic pellets from an unspecified source.
The pellets are melted and then extruded into strands or filaments.
The strands are then processed into two types of nonwoven material: one a melt blown and the other a spun bonded construction.
These nonwoven fabrics are shipped in rolls for further processing in Mexico.
Once in Mexico, these sheets are thermal bonded together to form a three layer material with the outer two layers spun bonded and the inner layer being the melt blown material.
The bonded sheet is then cut to size.
The sheet is then pleated to form an accordion like shape.
End caps are glued on.
The finished Pre-Filter is shipped to the United States.
ISSUE:
What is the classification and country of origin of the subject item?
CLASSIFICATION:
The applicable subheading for the Pre-Filter will be 5911.90.0080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for … textile products and articles, for technical uses. The general rate of duty will be 3.8 percent ad valorem.
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at 19 U.S.C. 3592), enacted on December 8, 1994, provided rules of origin for textiles and apparel entered, or withdrawn from warehouse for consumption, on and after July 1, 1996.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 5911.90 Tariff shift and/or other requirements
“(3) If the good is a made up article other than a good of yarn, rope, cord or braid, a
change to subheading 5911.90 from any heading, including a change from another good of heading 5911, provided that the change is the result of the good being wholly assembled in a single country, territory or insular possession”
The term “Wholly Assembled” is defined in 102.21(b)(6) and reads: “The term wholly assembled when used with reference to a good means that all components, of which there must be at least two, preexisted in essentially the same condition as found in the finished goods and were combined to form the finished good in a single country, territory, or insular possession."
Following the terms of that definition as stated in the Customs Regulations, we deem that the tariff shift requirement has been met based on the set of facts mentioned above. That is, the Pre-Filter was wholly assembled in Mexico.
HOLDING:
The country of origin of the finished product, the Pre-Filter WSA1936, 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 Deborah Walsh at (646) 733-3044.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division