CLA 2-OT:RR:NC:N3:351
Ms. Kim Young
BDP International, Inc.
2929 Walker Road NW, 2nd. Floor
Grand Rapids, MI 48838
RE: Classification and country of origin determination for tents; 19 CFR 102.21(c)(2); tariff shift
Dear Ms. Young:
This is in reply to your letter dated March 16, 2011 requesting a classification, country of origin determination, and country of origin marking requirements for one screen house and four tents which will be imported into the United States.
FACTS:
The subject merchandise consists of tents, poles, and stakes with a carry bag. The Screen House, ESMC-1010, 10’ x 10’, has four sides of polyester mesh and a woven polyester roof. It has a center height of 86” and a carry weight of 8 lbs. It has an exterior frame of fiberglass poles, ropes, stakes, and a carry bag.
All the other tents listed are made of polyester on all sides and each tent includes fiberglass poles, pole sleeves and a pin and ring system for set up, stakes and a tent carry bag. Each tent includes woven polyethylene flooring.
The first tent, Hexagonal Dome Tent, style #ESM9748, is 9’ x 7’, and has a center height of 48” with a carry weight of 7.48 lbs. The tent sleeps 3 people.
The 4-Pole Dome Tent, style #ESM10880, is 10’ x 8’, and has a center height of 60” with a carry weight of 13 lbs. The tent sleeps 4 people.
The Family Dome Tent, style #ESM121070, is 12’ x 10’, and has a center height of 70” with a carry weight of 15.61 lbs. The tent sleeps 5 people.
The Big Mouth Dome Tent, style #ESM6536, is 6’ x 5’ and has a center height of 36” with a carry weight of 3.4 lbs., with space for two children. The Big Mouth Dome tent is described as being “the perfect indoor and outdoor use tent for the beginning camper.”
The manufacturing operations for the screen house and tents are as follows: all fabrics are woven in China; all other materials are manufactured in China. The fabric and other materials are then shipped to Bangladesh. In Bangladesh, the fabrics are cut, sewn, and packaged with all other parts and accessories as described above for shipment to the United States.
ISSUE:
What are the classification, country of origin, and proper country of origin marking of the subject merchandise?
CLASSIFICATION:
The applicable subheading for the screen house, ESMC-1010,with all accessories as described above, will be 6306.22.9010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Tents: Of synthetic fibers: Other, Screen houses. The duty rate will be 8.8% ad valorem.
The applicable subheading for the other tents with all accessories as described above will be 6306.22.9030, HTSUS, which provides for tents: of synthetic fibers: Other, other. The rate of duty will be 8.8% 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 CR 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
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 comprising the goods was formed by a fabric-making process in a single country, that is, China, as per the terms of the tariff shift requirement, country of origin is conferred in China.
MARKING:
You also requested a ruling on whether the proposed marking “Made in China, Assembled in Bangladesh” is an acceptable country of origin marking for the imported screen house and tents. A marked sample was not submitted with your letter for review.
This marking is not acceptable, as set forth below.
The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.
Section 134.46, Customs Regulations (19 CFR 134.46), requires that in any case in which the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by “Made in,” Product of,” or other words of similar meaning. While your proposed marking appears to comply with this requirement, a United States Customs Service General Notice, titled “Use of ‘Made in’ and ‘Assembled in’ in One Country of Origin Statement,” alerted the public to the amendment of 19 CFR 134.43 (e). The effect of this amendment was the conclusion that the terms “Made in” and “Assembled in” “are always words of similar meaning, and it will no longer be acceptable to use ‘Made in,’ ‘Product of,’ or words of similar meaning, along with the words ‘Assembled in’ in a single country of origin statement on articles of foreign origin imported into the United States.”
The term “Assembled in” is a term similar to “Made in” or “Product of ” and may only be used if it specifies a product whose origin has been determined under Section 334 of URAA to be the country of assembly. Further, since the goods before us for consideration have a country of origin of China and the goods were assembled in Bangladesh, the goods are in violation of Section 134.46 if they are marked “Made in China, Assembled in Bangladesh” since this statement appears to confer two countries of origin which is prima facie confusing and contrary to law and regulation. However, if you seek to identify that Bangladesh was involved in the production of the screen house and tents, it is our opinion that statements such as “Made in China, Further Processed in Bangladesh” or “Made in China, Cut and Sewn in Bangladesh” would meet the requirements of Section 134.46 of the CR.
HOLDING:
The country of origin of the screen house and tents is China. Because the country of origin has been determined to be China in conformance with Section 102.21 CR, the goods may not be marked “Made in China, Assembled in Bangladesh.”
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 ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). This section states that a ruling letter, either directly, by reference, or by implication, is accurate and complete in every material respect. 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