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NY 897623




April 6, 1995

CLA-2-59:S:N:N6:350 897623

CATEGORY: CLASSIFICATION MARKING

TARIFF NO.: 5903.90.2500

Mr. Alan Litwin
F.W. Myers & Co., Inc.
405 North French Road, Suite 100
Amherst, NY 14226

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), and the proper country of origin marking, of reflective textile strip produced in Canada.

Dear Mr. Litwin:

In your letter dated April 25, 1994, on behalf of Dynatex Textiles Inc., North York, Ontario, Canada, you requested both a classification ruling on the status of reflective textile strip from Canada under the NAFTA and the proper country of origin marking for this product.

The subject of this ruling consists of a one inch wide bias cut fabric with a one-half inch wide reflective plastic strip laminated longitudinally along the center of the fabric. This is the kind of material that would be sewn or attached to garments, back packs or similar products as a safety feature.

Dynatex writes that their supplier, in Canada, receives woven 65/35 (polyester/cotton), full width, greige goods from manufacturers in China, Pakistan or Korea. In Canada, the goods are scoured, desized, bleached, singed, dyed, a permanent stiffener applied, and an anti-shrink resin applied. The goods are then shipped to Dyanatex, where they go through a tubular sewing operation. The goods are then reopened on a bias machine. The bias formed fabric is then put on a slitting machine and cut to width specification, which, in this case, is one inch. Such sewing and cutting of this fabric deem it to be considered a product of Canada. This material, by itself, is classifiable as a woven fabric under subheading 5513.21, HTS.

The reflective strip is then laminated to the fabric. The reflective strip is a thin plastic sheet encapsulating very small beads of either glass or of some other reflective material and is made in the United States. The reflective plastic material is not identified as to the type of plastic, but such material would be classified as a plastic strip under HTS heading 3920. We believe the plastic to be other than polyvinyl chloride or polyurethane. Also, the Customs laboratory, at New York, verified that the weight of the textile to plastic is approximately 50/50 percent.

The applicable tariff provision for the reflective textile strip will be 5903.90.2500, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for Textile fabrics ...covered or laminated with plastics,: Other, Of man-made fibers: not over 70 percent by weight plastic. The general rate of duty will be 8.5 percent ad valorem.

The non-originating material does not qualify for preferential treatment under the NAFTA because according to General Note 12 (t) Change in Tariff Classification Rules. Chapter 59 number 3., excludes a change to heading 5903 from heading 5513.

With respect to your question concerning the marking of this article, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container imported into the U.S. shall be marked in a conspicuous place as legible, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate the ultimate purchaser in the U.S. the English name of the country of origin of the article. Part 134, Customs Regulations (19 CFR Part 134) implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304.

Section 134.1(j) of the interim regulations, provides that the "NAFTA Marking Rules" are the rules promulgated for purposes of determining whether a good is a good of a NAFTA country. Section 134.1(g) of the interim regulations, defines a "good of a NAFTA country" as an article of which the country of origin is Canada, Mexico or the United States as determined under the NAFTA Marking Rules. Section 134.45(a)(2) of the interim regulations, provides that a "good of a NAFTA country" may be marked with the name of the country of origin in English, French or Spanish.

Applying the NAFTA rules of origin set forth in Part 102 of the interim regulations to the facts of this case, we find that the imported reflective strip is not a good of a NAFTA country for marking purposes. For example, each of the non-originating materials used to make the product has not satisfied the changes in tariff classification set out in Section 102.20.

For marking purposes, "Made in Canada" would be acceptable according to the applicable regulations.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Should you wish to request an administrative review of this ruling, submit a copy of this ruling and all relevant facts and arguments within 30 days of the date of this letter, to the Director, Office of Regulations and Rulings, U.S. Customs Service, 1301 Constitution Ave. N.W., Franklin Court, Washington, D.C. 20229.

Sincerely,

Jean F. Maguire
Area Director

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