Classification and country of origin determination for a hand shield from Mexico; 19 CFR 102.21(c)(2); tariff shift

N126060 October 7, 2010 CLA-2-63:RR:E:NC:N3:351 CATEGORY: Classification Norma Gmitro Construction Specialties, Inc. 107 Johnson Blvd. Del Rio, TX 78840 RE: Classification and country of origin determination for a hand shield from Mexico; 19 CFR 102.21(c)(2); tariff shift Dear Ms. Gmitro: This is in reply to your letter dated Oct. 4, 2010, requesting a classification and country of origin determination for a hand shield which will be imported into the United States. FACTS: The subject merchandise consists of a product you call a hand shield. It is made of a nonwoven textile fabric and is attached to the edge of a hospital privacy curtain. It attaches to the edge of the curtain with a snap at the top that slips through the mesh at the top of most hospital curtains, and to the bottom with adhesive tape. Using it means that the curtain itself is not touched. It is discarded when visibly soiled or the patient is discharged. The manufacturing operations for the hand shield are as follows: the nonwoven fabric is manufactured in China and shipped to the United States. It is then shipped to Mexico where it is cut into 14” strips, folded and sewn. The metal snap is attached to the upper corner and adhesive tape is attached to the sides. A “Made in Mexico” label is sewn on and the item is folded and packaged. ISSUE: What are the classification and country of origin of the subject merchandise? CLASSIFICATION: The applicable subheading for the hand shield will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other made up textile articles, other. The general rate of duty will be 7% 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 on World Wide Web at http://www.usitc.gov/tata/hts/. You mention classification “under HTS 6303.92.99.” Please note that there is no such number in the tariff. Heading 6303 includes curtains, but there is no provision for curtain parts. The hand shield would not be classifiable in heading 6303. 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at 19 U.S.C. 3592), enacted on December 8, 1994, provided rules of origin for textiles and apparel entered, or withdrawn from warehouse for consumption, on and after July 1, 1996.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:” 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 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 nonwoven textile fabric is manufactured in a single country, that is, China, as per the terms of the tariff shift requirement, country of origin is conferred in China. Your proposed marking, “Made in Mexico,” is therefore not in conformity with this determination and would not be considered acceptable country of origin marking. HOLDING: The country of origin of the hand shield is China. 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 (646) 733-3102. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division