OT:RR:NC:N3:351
Mr. Richard Writsman Continental Agency Inc. 1768 West Second Street Pomona, CA 91766 RE: The tariff classification and country of origin determination for laparotomy sponges; 19 CFR 102.21(c)(2) Dear Mr. Writsman: This is in reply to your letter dated February 24, 2025, requesting a classification and country of origin ruling on behalf of your client, A Plus International Group. Samples of the laparotomy sponges were provided with your request. The samples, described as “laparotomy sponges,” are disposable textile pads designed to cover wounds and absorb bodily fluids during medical procedures. The sponges are composed of 100 percent woven cotton fabric. Each sponge consists of four fabric layers formed from one large piece of folded fabric. The folded fabric is hemmed on all sides. The sponges feature a 4 inch long barium sulfate monofilament strip inserted into each sponge to facilitate X-ray detection to help prevent the item from being left in the patient’s body, and a 12 ½ inch long 100 percent cotton dyed blue woven loop carrying strap sewn to one corner for easy removal of the sponge out of a patient’s body during surgery. The sponges are available in the following sizes: 2 inches by 2 inches, 12 ply or 8 ply; 3 inches by 3 inches, 8 ply; 4 inches by 4 inches, 8 ply, 12 ply, 16 ply, or 32 ply; 8 inches by 4 inches 12 ply, 16 ply, or 24 ply. Sponges of equal size and style will be imported banded together in groups of five. They will be imported into the United States in a carton containing 800 sponges and sold directly to U.S. medical and healthcare supply companies. You state that the U.S. medical and healthcare supply companies may package and sterilize the laparotomy sponges in the United States and will sell them to U.S. hospitals and other health care providers. The sponges will be used exclusively by the staff of the hospitals and healthcare facilities. You state the manufacturing operations for the lab sponges are as follows: Vietnam: • 100 percent cotton fabric is woven and shipped in rolls to China.
China: • 100 percent cotton sewing thread and barium sulfate monofilament strip is produced. • 100 percent cotton loop carrying strap is woven and dyed. • Cutting and sewing of the cotton fabric and loop carrying strap. • Insertion of the barium sulfate monofilament strip into the fabric. • Folding of the fabric into four layers. • Sponges are banded together in groups of five. • Sponges are packaged in a carton of 800 and shipped to the United States. ISSUE: What are the classification and country of origin of the subject merchandise? CLASSIFICATION: The applicable subheading for the laparotomy sponges will be 6307.90.9891, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other made up articles, including dress patterns: Other: Other: Other: Other: Other.” The rate of duty will be 7 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 at https://hts.usitc.gov/current. COUNTRY OF ORIGIN - LAW AND ANALYSIS: Section 334 of the Uruguay Round Agreements Act (“URAA”) (codified at 19 U.S.C. 3592), enacted on December 8, 1994, provides the rules of origin for textiles and apparel products for purposes of the customs laws and the administration of quantitative restrictions, unless otherwise provided by the statute, entered, or withdrawn from warehouse, for consumption on or after July 1, 1996. Section 3592 has been described as Congress’s expression of substantial transformation as it relates to textile and apparel products. Section 102.21 of the Code of Federal Regulations (19 CFR 102.21), implements the URAA. 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. See 19 CFR 102.21(c). 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 6307.90 The country of origin of a good classifiable under 6307.90 is the country, territory, or insular possession in which the fabric comprising the good was formed by a fabric-making process. As the laparotomy sponges are comprised of fabric that is formed by a fabric-making process in a single country, that is Vietnam, as per the terms of the tariff shift requirement country of origin is conferred in Vietnam. HOLDING: The applicable subheading for the laparotomy sponges will be 6307.90.9891, HTSUS, and the country of origin is Vietnam. The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP. This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection Regulations (19 C.F.R. 177). 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 Kristine Dodge at [email protected].
Sincerely,
Steven A. Mack Director National Commodity Specialist Division