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NY E89254




November 16, 1999

CLA2-RR:NC:2:238 E89254

CATEGORY: CLASSIFICATION

TARIFF NO.: 3005.90.5090

Mr. Stephen J. Pepi
Great Lakes Customs Brokerage, Inc.
85 River Rock Drive, Suite 202
Buffalo, NY 14207

RE: Classification and country of origin determination for Medline Bulkee II™ Gauze Bandages; 19 CFR 102.21(c)(4)

Dear Mr. Pepi:

This is in reply to your letter dated October 22, 1999, on behalf of your client, Dumex Medical Surgical Products Ltd., requesting a classification and country of origin determination for Medline Bulkee II™ Gauze Bandages, which will be imported into the United States.

The submitted sample consists of a sterile,100% cotton, 6-ply gauze bandage, in roll form. The bandage is individually packaged for retail sale. It is not coated or impregnated with pharmaceutical substances. Each package bears a printed label indicating, inter alia, that, when “stretched,” the bandage measures 4.5 inches by 4.08 yards, and is (only) for “single patient use.”

Your client, in a letter addressed to you, dated October 20, 1999, states the following: “The raw material of cotton slit gauze bolts of 100 yards each is imported from China into Canada under tariff #5208.21.90.10. The product is then processed in Canada by crimping to add stretch, folding to make it two plies, rolling and cutting into individual bandages, individual packaging and then packaging into corrugates (i.e., corrugated cardboard cartons) of 100 per case and finally sterilization of the finished product.”

The applicable subheading for the subject bandage will be 3005.90.5090, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for “Wadding, gauze, bandages and similar articles impregnated or coated with pharmaceutical substances or put up in forms or packings for retail sale for medical, surgical, dental or veterinary purposes: Other: Other: Other.” The general rate of duty will be free. 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Section 334 of that Act (codified at 19 U.S.C. 3592) provides new rules of origin for textiles and apparel entered, or withdrawn from warehouse, for consumption, on and after July 1, 1996.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

3005.90 If the good contains pharmaceutical substances, a change to subheading 3005.90 from any other heading; or if the good does not contain pharmaceutical substances, a change to subheading 3005.90 from any other heading, except from heading 5007, 5111 through 5113, 5208 through 5212, 5309 through 5311, 5407 through 5408, 5512 through 5516, 5601 through 5603, 5801 through 5804, 5806, 5809, 5903, 5906 through 5907, and 6001 through 6002.

Accordingly, as the plain woven fabric imported into Canada from China does not satisfy the tariff shift rule noted above, Section 102.21(c)(2) is inapplicable.

Section 102.21(c)(3) states that, "Where the country of origin of a textile or apparel product cannot be determined under paragraph (c)(1) or (2) of this section":

(i) If the good was knit to shape, the country of origin of the good is the single country, territory, or insular possession in which the good was knit; or (ii) Except for goods of heading 5609, 5807, 5811, 6213, 6214, 6301 through 6306, and 6308, and subheadings 6209.20.5040, 6307.10, 6307.90, and 9404.90, if the good was not knit to shape and the good was wholly assembled in a single country, territory, or insular possession, the country of origin of the good is the country, territory, or insular possession in which the good was wholly assembled.

As the subject merchandise is neither knit nor assembled, Section 102.21 (c)(3) is inapplicable.

Section 102.21 (c)(4) states, "Where the country of origin of a textile or apparel product cannot be determined under paragraph (c)(1), (2) or (3) of this section, the country of origin of the good is the single country, territory or insular possession in which the most important assembly or manufacturing process occurred".

In the case of the subject merchandise, the manufacture of retail-packaged gauze bandages in Canada from plain woven fabric imported into Canada from China as “cotton slit gauze bolts of 100 yards each,” clearly renders Canada as “the single country, territory or insular possession in which the most important assembly or manufacturing process occurred". Accordingly, in our opinion, the country of origin of the subject bandages is Canada.

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 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 Harvey Kuperstein at 212-637-7068.

Sincerely,

Robert B. Swierupski

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