OT:RR:NC:N2:349
Ms. Karlamari Rodriguez
Inter-World Customs Brokers, Inc.
Centro Mercantil Internacional No. 61 Building 6, 1st floor
Carr 165 KM 2.4 Sector Pueblo Viejo Guaynabo, PR 00965
RE: Country of origin determination for a roller shade; 19 CFR 102.21(c)(2); 19 CFR 102.21(e)(2)(ii)
Dear Ms. Rodriguez:
This is in reply to your letter dated August 8, 2023, submitted on behalf of your client, Cortineros Lider S.A.S., requesting a country of origin determination for roller shades which will be imported into the United States. Photographs were submitted of the shades. This ruling addresses Item 1, “Curtain Elegance,” only. We are unable to rule on Item 2, “Curtain Roller Blackout,” and Item 3, “Curtain Roller Solar Screen,” without a sample. Please resubmit your ruling request for Items 2 and 3 with a sample and all of the information pertaining to these two items provided for this request.
FACTS:
The subject merchandise, “Curtain Elegance,” consists of a standard roller shade with hardware, e.g. aluminum tube, triangle bottom and round bottom rail. You state the roller shade is imported with either “Sheer Linen” or “White Sheer” fabric. “Sheer Linen” is a white and beige woven fabric made from yarns consisting of 95 percent polyester and 5 percent cotton, linen or ramie fibers. “White Sheer” is a white woven fabric made from yarns consisting of 100 percent polyester fiber. The fabrics are neither dyed nor printed. The shade is imported ready to install.
The manufacturing operations for the roller shade are as follows:
Korea
“Sheer Linen” and “White Sheer” fabrics are woven.
Fabrics are exported to Colombia.
China
Various plastic blind components are manufactured.
Blind components are exported to Colombia.
Colombia
Aluminum components, e.g. guide tube, aluminum tube and border of the profile, are made and cut to size.
Various plastic blind components are manufactured.
Fabric is ultrasonically cut to seal the edges and prevent unravelling.
Shade is assembled.
ISSUE:
What is the country of origin of the subject merchandise?
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at 19 U.S.C. 3592), enacted on December 8, 1994, provided rules of origin for textiles and apparel entered, or withdrawn from warehouse for consumption, on and after July 1, 1996.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:” The subheading for the textile window shade is 6303.92, Harmonized Tariff Schedule of the United States (HTSUS). 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
Except for goods of heading 6302 through 6304 provided for in paragraph (e)(2) of this section, 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.
Subheading 6303.92, HTSUS, is included in the paragraph (e)(2) exception to the above tariff shift rule; therefore, Section 102.21(e)(2) must be considered. Section 102.21(e)(2) states:
(i) The country of origin of the good is the country, territory, or insular possession in which the fabric comprising the good was both dyed and printed when accompanied by two or more of the following finishing operations: bleaching, shrinking, fulling, napping, decating, permanent stiffening, weighting, permanent embossing, or moireing; (ii) If the country of origin cannot be determined under paragraph (e)(2)(i) of this section...the country of origin is the country, territory, or insular possession in which the fabric comprising the good was formed by a fabric-making process;
As the fabrics comprising the roller shade are neither dyed nor printed, Section 102.21(e)(2)(i) is inapplicable. The fabrics used to make the window shade are formed by the fabric-making process in Korea. Therefore, in accordance with Sections 102.21(c)(2) and 102.21(e)(2)(ii), the country of origin of the subject window shade is Korea.
HOLDING:
The country of origin of the “Curtain Elegance” window shade is Korea.
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, please contact National Import Specialist Kim Wachtel at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division