CLA-2-RR:NC:TA:349 D84230
Mr. Michael G. Hodes
Hodes Keating & Pilon
33 North Dearborn Street, Suite 2204
Chicago, IL 60602-3109
RE: Classification and country of origin determination for
surgical towels; 19 CFR 102.21(c)(2); tariff shift
Dear Mr. Hodes:
This is in reply to your letter dated October 29, 1998,
requesting a classification and country of origin determination
for surgical towels which will be imported into the United States
by your client, Com-Med International, Inc.
FACTS:
The subject merchandise consists of non-sterile surgical
towels. You have previously submitted a piece of undyed fabric
and a finished surgical towel. The blue towel is made from a 100
percent cotton huck weave fabric and it measures approximately 17
x 27 inches. The towel is hemmed on all four sides. The
manufacturing operations for the surgical towels are as follows:
INDIA:
- fabric is woven.
- rolls of fabric are shipped to China.
CHINA:
- fabric is bleached
- fabric is dyed.
- fabric is cut into rectangles.
- fabric is hemmed and finished.
ISSUE:
What are the classification and country of origin of the
subject merchandise?
CLASSIFICATION:
The applicable subheading for the surgical towels will be
6307.90.8910, Harmonized Tariff Schedule of the United States
Annotated (HTSUSA), which provides for other made up articles,
including dress patterns: other: other: surgical towels. The
rate of duty will be 7 percent ad valorem.
The surgical towels fall within textile category designation
369. The designated textile and apparel categories may be
subdivided into parts. If so, visa and quota requirements
applicable to the subject merchandise may be affected. Part
categories are the result of international bilateral agreements
which are subject to frequent renegotiations and changes. To
obtain the most current information available, we suggest that
you check, close to the time of shipment, the Status Report on
Current Import Quotas (Restraint Levels), an internal issuance of
the U.S. Customs Service, which is available for inspection at
your local Customs office.
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apparel entered, or withdrawn from warehouse, for consumption, on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 shall
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
6307.90 The country of origin of a good classifiable
under subheading 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 fabric comprising the surgical towel is formed in a single
country, that is, India, as per the terms of the tariff shift
requirement, country of origin is conferred in India.
HOLDING:
The subject surgical towels are classified in subheading
6307.90.8910, HTSUSA, which provides for surgical towels.
The country of origin of the surgical towels is India.
Based upon international textile trade agreements products of
India within the above subheading are subject to the requirement
of a visa but not to quota restraints.
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 John
Hansen at 212-466-5854.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division