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NY D83902




November 12, 1998

CLA-2-RR:NC:TA:350 D83902

CATEGORY: CLASSIFICATION

Mr. Thomas A. Penksa
PBB Global Logistics
434 Delaware Avenue
Buffalo, NY 14202

RE: Classification and country of origin determination for five textile fabrics for use in the manufacture of roller shades, from the United Kingdom; 19 CFR 102.21(c)(2).

Dear Mr. Penksa:

This is in reply to your letter dated October 19, 1998,, requesting a classification and country of origin determination for five textile fabrics which have been treated with a water based vinyl emulsion for importation into the United States.

FACTS:

You submitted samples of five representative fabrics depicting such fabrics before and after being treated with what you describe as a water based vinyl emulsion (likely a polyvinyl chloride plastics material). The five materials are identified as Nova, Liberty, Dapple SPC, Panama and Louvetex. All of these base fabrics were produced in the United Kingdom with the exception of style Nova whose base fabric was produced in Belgium. All five materials were treated to one degree or another in the United Kingdom, however. You write that all five materials will be imported in 72 inch wide widths. A Fax received from your office dated November 5, 1998 indicates that both styles Nova and Liberty are composed of textured yarns.

The first item, Nova, consists of a jacquard woven fabric composed of 100% polyester man-made fiber filament yarns (textured) that has been dyed blue. This material has been lightly treated on one surface with a polyvinyl chloride plastics material. This coating is not in sufficient amount to be considered visible to the naked eye. You submitted a Fax dated November 5, 1998 indicating that the yarns are textured. You provided the following technical specifications for this fabric:

Thread Count: Warp: 39 ends/cm Yarn count: WP: 68/2 Weft: 16 pick/cm
WT: 150/2

Wt. Of Base Fabric: 156g/mý
Coating Wt.: 4g/mý
Total Wt.: 160g/mý

The second item, style Liberty, consists of a jacquard woven fabric composed of 100% polyester man-made fiber filament yarns (textured) that has been dyed an off white (pearl). This material has also been lightly treated on one side with a PVC plastics material, however, it is not in sufficient quantity to be visible to the naked eye. You provided the following technical specifications for this fabric:

Thread Count: Warp: 84 ends/inch Yarn Count: WP: 167DTex Weft: 40 pick/inch
WT: W12/167DTex

Wt. Of Base Fabric: 125g/mý
Coating Wt.: 55g/mý
Total Wt.: 180g/mý

The third item, style Dapple SPC, consists of a stitch-bonded fabric (knit) composed of 100% polyester man-made fiber filament yarns. This material has been coated on one surface with a polyvinyl chloride based plastics material which is in sufficient amount to be visible to the naked eye. You provided the following technical specifications for this material:

Wt. Of Base Fabric: 130g/mý
Coating Wt.: 40g/mý
Total Weight: 170g/mý

The fourth material, style Panama, consists of a weft insert warp knit fabric composed of 100% polyester man-made fibers. While there is a slight plastics treatment applied to one surface, it is not considered in sufficient quantity to be considered visible to the naked eye. This fabric contains a faint floral pattern. The following technical specifications were provided for this material:

Wt. Of Base Fabric: 147g/mý
Coating Wt.: 63g/mý
Total Weight: 210g/mý

The fifth and final item, style Louvetex, consists of a 50% polyester/50% cotton blend woven fabric of a somewhat open mesh construction that contains a PVC plastics application that fills and is visible to the naked eye in the intercies of the open weave. You provided the following technical specifications for this material:

Wt. Of Base Fabric: 130g/mý
Coating Wt.: 100 g/mý
Total Weight: 230g/mý

The plastics application to all the qualities adds a degree of stiffness to the materials, but is not visible to the naked eye in all styles, as noted in the description of each style.

ISSUE:

What are the classification and country of origin of the subject merchandise?

CLASSIFICATION:

The applicable subheading for style Nova, will be 5407.52.2020, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for woven fabrics of synthetic filament yarn, ... containing 85 percent or more by weight of textured polyester filaments, dyed, weighing not more than 170 g/mý, flat fabrics . The rate of duty will be 16.2 percent ad valorem.

The applicable subheading for style Liberty, will be 5407.52.2060, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for woven fabrics of synthetic filament yarn, ... containing 85 percent or more by weight of textured polyester filaments, dyed, weighing more than 170 g/mý. The rate of duty will be 16.2 percent ad valorem.

The applicable subheading for styles Dapple SPC and Louvetex will be subheading 5903.10.2500, HTS, which provides for textile fabrics impregnated, coated, covered or laminated, with plastics, with polyvinyl chloride, not over 70 percent by weight of rubber or plastics. The duty rate is 8.1 percent ad valorem.

The applicable subheading for style Panama will be 6002.43.0080, HTS, which provides for other knitted or crocheted fabrics, warp knit, ... of man-made fibers. The duty rate is 12.4 percent ad valorem.

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." Styles Liberty, Dapple SPC, Panama and Louvotex meet this criteria and, as such, are all considered to be wholly obtained or produced in a single country, territory or insular possession. Their country of origin is the United Kingdom.

With respect to style Nova, 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

5407 - 5408 A change to heading 5407 through 5408 from any heading outside that group, provided the change is the result of a fabric making process.

A fabric making process is defined in Section 102.21(b)(2) as any manufacturing operation that begins with polymers, fibers, filaments (including strips), yarns, twin, cordage, rope or fabric strips and results in a textile fabric. Since this fabric only underwent a coating operation in the United Kingdom, the country of origin would be Belgium where the base fabric was produced.

HOLDING:

The country of origin for styles Liberty, Dapple SPC, Panama and Louvetex is the United Kingdom. The country of origin for style Nova is Belgium.

The holdings set forth above apply 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 sections 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 George Barth at 212-466-5884.

Sincerely,

Robert B. Swierupski
Director,

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