CLA-2-56:RR:NC:TA:351 D84214
Mr. Ken Matsuzaki
Towns Netting & Marine Supplies Ltd.
3531 Bayview Street
Richmond, British Colombia
Canada V7E 5W3
RE: Classification and country of origin determination for a
predator net: 19 CFR 102.21(c)(2)
Dear Mr. Matsuzaki:
In your letter dated October 30, 1998, you requested a
classification and country of origin determination for a predator
net which will be imported into the United States.
FACTS:
The subject merchandise consists of knotted nylon netting
which, by means of ropes is assembled into a square net enclosure
measuring, according to drawings supplied, 9 meters by 147 meters
by 36 meters in height, length and width. It is used to keep
predators away from salmon pens. You refer to it as an aqualine
pond. The netting is made in Taiwan and sent to Canada where it is
assembled into the net pond.
ISSUE:
What is the classification and country of origin of the
subject merchandise?
CLASSIFICATION:
The applicable subheading for the predator net will be
5608.19.2010, Harmonized Tariff Schedule of the United States
(HTS), which provides for knotted netting of twine, cordage or
rope; made up fishing nets and other made up nets, of man-made
materials, other, other, other. The duty rate will be 8 percent ad
valorem.
COUNTRY OF ORIGIN - LAW AND ANALYSIS:
On December 8, 1994, the President signed into law the Uruguay
Round Agreements Act. Section 334 of that Act (codified at 19
U.S.C 3592) provides new rules of origin for textiles and apparel
entered, or withdrawn from warehouse, for consumption, on and after
July 1, 1996. On September 5, 1995, Customs published Section
102.21, Customs Regulations, in the Federal register, implementing
Section 334 (60 FR 46188). Thus, effective July 1, 1996, the
country of origin of a textile or apparel product will be
determined by sequential application of the general rules set forth
in paragraphs (c)(1) through (5) of Section 102.21.
Paragraph (c)(1) states that "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 (1) A change to netting of heading 5608 from any other heading, except from heading 5804, and provided that the change is the result of a fabric- making process.
(2) A change to fishing nets or other made up nets of heading 5608:
(a) If the good does not contain nontextile attachments, from any other heading, except from heading 5804 and 6002, and provided that the change is the result of a fabric-making process; or
(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 predator net is wholly assembled in a single country,
that is, Canada, as per the terms of the tariff shift requirement,
country of origin is conferred in Canada.
HOLDING:
The country of origin of the predator net is Canada.
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, or 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 Camille Ferraro at 212-466-5885.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division