The tariff classification and country of origin of nonwoven wipes from France; 19 CFR 102.21(c)(2)

N304125 November 13, 2019 CLA-2-56:OT:RR:NC:N3:350 CATEGORY: Classification TARIFF NO.: 5603.93.0090 William J. Marston Service Shipping Inc. 1550 E. Higgins Rd., Suite 108 Elk Grove Village, IL 60007 RE: The tariff classification and country of origin of nonwoven wipes from France; 19 CFR 102.21(c)(2) Dear Mr. Marston: In your letter dated April, 19, 2019, you requested a tariff classification ruling on behalf of Vileda Professional. Samples we were submitted to this office and sent for laboratory analysis. FACTS: EVO Cleanroom Wipes #142846 and #142857 are made of nonwoven fabric construction. You state the fiber content of the wipes is 70 percent polyester and 30 percent polyamide. The wipes are packed for distribution in five-packs, either 9” x 9” size for #142846 or 12” x 12” size for #142857. The fabric weighs approximately 100 g/m2. The finished product is intended to be used in various cleaning applications. According to U.S. Customs and Border Protection Laboratory analysis, wipe #142846 is a nonwoven textile wholly composed of man-made staple fibers that is mechanically and thermally bonded with a weight of 104.3 g/m2. Wipe #142857 is a nonwoven textile wholly composed of man-made staple fibers that is mechanically and thermally bonded with a weight of 104.4 g/m2. You state that the manufacturing process for items #142846 and #142857 is as follows: Filament extrusion is completed in Germany. The fibers are formed into a web via hydro-entranglement in France. The quality control and release/approval process is also completed in France. The material is cut to size and packaged for shipment in China. ISSUE: What are the classification and country of origin of the subject merchandise? CLASSIFICATION:The applicable subheading for both EVO Cleanroom Wipes will be 5603.93.0090, Harmonized Tariff Schedule of the United States (“HTSUS”), which provides for “Nonwovens, whether or not impregnated, coated, covered or laminated: Other: Weighing more than 70 g/m2 but not more than 150 g/m2… Other.” The rate of duty will be Free. 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 the World Wide Web at https://hts.usitc.gov/current. COUNTRY OF ORIGIN: You also requested a country of origin determination. 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 CFR 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.” Since 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 5602-5603        (1) Except for fabric of wool or of fine animal hair, a change from greige fabric of heading 5602 through 5603 to finished fabric of heading 5602 through 5603 by both dyeing and printing when accompanied by two or more of the following finishing operations: bleaching, shrinking, fulling, napping, decating, permanent stiffening, weighting, permanent embossing or moireing; or (2) If the country of origin cannot be determined under (1) above, a change to heading 5602 through 5603 from any heading outside that group, provided that the change is the result of a fabric-making process. The term “Fabric-making process” is defined in paragraph (b)(2) of Section 102.21 as: … any manufacturing operation that begins with polymers, fibers, filaments (including strips), yarn, twine, cordage, rope, or fabric strips and results in a textile fabric. Although the filament extrusion occurred in Germany, the entanglement and bonding of fibers which comprise the fabric making process occurred in France, thus the country of origin of the finished good, is France under Section 102.21(c)(2). This ruling is being issued under the provisions of Part 177 of the Customs 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, contact National Import Specialist Michael Capanna via email at michael.s.capanna@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division