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NY F83624




April 6, 2000

CLA-2-RR:NC:TA:350 F83624

CATEGORY: CLASSIFICATION

Ms. Sandra Tovar
CST, Inc.
P.O. Box 1197
Fayetteville, GA 30214

RE: Classification and country of origin status for laminated materials produced in the United States from foreign and U.S. components. U.S. 19 CFR §102.21 (c)(3)(ii).

Dear Ms. Tovar:

This is in reply to your letter dated February 14, 2000, on behalf of Margarita International Trading, Inc., 4480 E. 11th Avenue, Hialeah, FL 33013, which concerns the country of origin and classification of textile fabrics of foreign origin which will be imported into the United States and then laminated with U.S. supplied materials. No samples or specific fabric descriptions were furnished; therefore, we will base this discussion just on what you have stated, and consider that the fabrics involved are either of woven or knit construction and do not involve any fabrics of pile construction.

Additionally, for any future correspondence with the United States Customs Service, please identify the particular source countries of any materials being imported into the United States.

FACTS:

Your correspondence mentions three scenarios as follows:

Scenario #1:

According to your correspondence, a textile fabric (not stated whether knit or woven construction) of unspecified foreign origin will be imported into the United States with duties paid. You indicate in your letter that this fabric may be composed of a cotton, cotton blend, polyester, polyester blend, nylon, nylon blend, or any other fabric made up of natural or man-made fibers. In the United States, the foreign material will be laminated with a U.S. foam and another textile fabric of U.S. manufacture. We will assume the foam is plastics in nature, and will be between the two textile layers and be visible in cross-section.

Scenario #2:

This scenario is similar to the first scenario except that the foreign textile fabric will be laminated to the U.S. supplied foam material on one side only, without any fabric on the other side.

The fabrics of Scenarios 1 and 2 would fall under heading 5903.

Scenario #3:

Foreign fabric, imported into the U.S. with duties paid, laminated to U.S. origin fabric. In this scenario, no foam would be used.

Since the goods of scenario #3, just two unidentified fabrics bonded together, would not be within headings 5901-5903, we are unable to give a definitive answer on the country of origin of this resulting product. A sample or detailed fabric descriptions would have to be furnished.

These laminated materials will be exported to the Dominican Republic where they will be combined with other materials of U.S. origin to produce footwear products for exportation back to the United States. This letter will address only the country of origin of the laminated materials.

Another letter would have to be submitted to the U.S. Customs Service along with representative samples and full manufacturing specifications before we would be able to address the classification of the purported footwear as well as the Caribbean Initiative Status (CBI).

CLASSIFICATION:

The applicable subheading for the foreign procured fabric cannot be accurately determined without a sample or better description. If of woven or knit construction, it will likely fall in heading 5007, 5111 through 5113, 5208 through 5212, 5309 through 5311, 5407 through 5408, 5512 through 5516, 5803, 5806, 5808, or 6002, Harmonized Tariff Schedules of the United States Annotated (HTSUSA). The laminated material manufactured in the U.S. under either scenario #1 or #2 is likely classifiable in HTS heading 5903.(the textile fabrics are likely woven or knit construction) as textile fabrics laminated, with plastic.

ISSUE:

What is the country of origin of the laminated materials as processed in the U.S.?

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."

Since the foreign supplied fabrics are further processed in the U.S., paragraph (c) (1) is inapplicable since the material is not produced in a single country or territory, etc.

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 the 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

5901  5903 A change to heading 5901 through 5903 from any other heading, including a heading within that group, except from heading 5007, 5111 through 5113, 5208 through 5212, 5309 through 5311, 5407 through 5408, 5512 through 5516, 5803, 5806, 5808, and 6002, and provided that the change is the result of a fabricmaking process.

The foreign supplied fabrics (regardless whether if woven or knit or of fiber content, would be included in the above listing) do not undergo a tariff shift or meet the definition of fabric making process as outlined in CFR§102.21 (b) (2), which states "a fabric making process is any manufacturing operation that begins with polymers, fibers, filaments (including strips), yarns, twine, cordage, rope, or fabric strips and results in a textile fabric." Therefore, no consideration may be given to section (c)(2) of that section.

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.

While the subject materials are not knit to shape, but were wholly assembled in a single country, i.e., U.S., Section 102.21 (c)(3)(ii) is applicable. The country of origin is the United States. Additionally, as you suggest, this country of origin determination would be applicable to the application of U.S. Note 2(b), Subchapter II Chapter 98, HTSUS, in determining the applicability of heading 9802 to the ultimate importation of footwear from the Dominican Republic made of such materials.

HOLDING:

The country of origin of the laminated materials (scenarios #1 and #2) is the United States. This 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 George Barth at 212-466-5884.

Sincerely,

Robert B. Swierupski
Director,

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