Classification and country of origin determination for flexible intermediate bulk containers; 19 CFR 102.21(c)(2); tariff shift.

NY G88204 March 13, 2001 CLA2-RR:NC:TA:351 G88204 CATEGORY: Classification William R. Hodgins New Markets Development Manager Mulox Inc. P.O. Box 10196 Macon, GA 31297 RE: Classification and country of origin determination for flexible intermediate bulk containers; 19 CFR 102.21(c)(2); tariff shift. Dear Mr. Hodgins: This is in reply to your letter dated March 5, 2001, requesting a classification and country of origin determination for flexible intermediate bulk containers which will be imported into the United States. No sample was submitted. FACTS: The subject merchandise consists of flexible intermediate bulk containers (FIBC). The manufacturing operations for the FIBC are as follows, according to your letter: fabric and possibly other components are shipped from India, where they are presumably produced, to Dubai, United Arab Emirates, where they are manufactured into the finished item. You state that you researched for such information under polypropylene, so for the purposes of this ruling, we shall assume that to be the component of the item in question. We shall also assume that each weighs one kilogram or more. ISSUE: What are the classification and country of origin of the subject merchandise? CLASSIFICATION: The applicable subheading for the FIBC of polypropylene will be 6305.32.0010, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for sacks and bags, of a kind used for packing of goods, of man-made textile materials, flexible intermediate bulk containers, weighing one kg. or more. The rate of duty will be 8.7 percent ad valorem. Subheading 6305.32.0010 falls within textile category designation 669. The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.GOV. In addition, 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 and should also be verified at the time of shipment. 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 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 is manufactured in a single country, that is, India, as per the terms of the tariff shift requirement, country of origin is conferred in India. Accordingly, the item must be marked “Made in India.” HOLDING: The country of origin of the FIBC is India. Based upon international textile trade agreements products of India are subject to quota and the requirement of a visa. 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 Mitchel Bayer at 212-637-7086. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division