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NY H82857




August 31, 2001

CLA2-RR:NC:TA:350 5603.14.3000.

CATEGORY: CLASSIFICATION

Ms. Margaret Solinger
Dupont Legal D-7076A
1007 Market Street
Wilmington, DE 19898

RE: Classification and country of origin determination for laminated nonwoven fabrics to be imported from either Korea or Taiwan; 19 CFR 102.21(c)(5).

Dear Ms. Solinger:

This is in reply to your letter dated May 24, 2001, and subsequent e-mail of July 12th with additional information, requesting a classification and country of origin determination for laminated nonwoven fabrics, which will be imported into the United States.

FACTS:

The subject merchandise, as described in your correspondence, consists of a “Mother Roll” of nonwoven fabric (of heading 5603) composed of spunbonded polyethylene man-made fibers (filament form). You write that this roll of fabric, produced in Luxembourg, will be shipped to a plant in China where it will be cut to a width of 60 inches. After cutting to width, the rolls will be sent to a processor in either Korea or Taiwan, where all further processing will take place. Specifically, at either the Korea or Taiwanese facility, the fabric will be corona treated, a process in which the fabric is bombarded with charged ions to raise the surface energy on the substrate. The rolls will then be printed in colors and/or patterns using standard Flexographic or Grauvre printing equipment. Next, the same processor will laminate one of three fabric backings to the non-printed side of the nonwoven by an adhesive lamination process. The fabric backings will be manufactured in the same country, either Korea or Taiwan, where the lamination is taking place. After lamination the fabric will be exported to the United States as piece goods.

All three are laminated fabrics with the fabric common to all being of a nonwoven construction. This nonwoven will, in all instances, be or form the outermost or top layer of the finished garment, which will be of the active-wear type. The styles are identified as follows:

Example 1 (Poolside)

The fabric backing will be 50/50 polyester/cotton or 60/40 polyester/cotton Jersey or circular knit with a basis weight of approximately 5.3 oz/square yard. The finished product will consists of by weight of approximately 25% nonwoven substrate, 70% poly/cotton backing. The balance of the weight is comprised of adhesive and ink. The full weight of this style is approximately 275 g/m².

Example 2 (Hamar)

The fabric backing will be 100% nylon tricot with a basis weight of approximately 1.7 oz/square yard. The finished product will consists of by weight of approximately 42% nonwoven and 40% nylon tricot. The balance of the weight is comprised of adhesive and ink. The full weight of this style is approximately 209 g/m².

Example 3 (Gotham)

The fabric backing will be 100% cotton woven chambray with a basis weight of approximately 4.5 oz/square yard. The finished product will consists of by weight of approximately 25% nonwoven substrate, and 63% cotton chambray. The balance of the weight is comprised of adhesive and ink. The full weight of this style is approximately 264 g/m².

Although the two knits and the woven fabric backings add to the character of each individual style of material, we are of the opinion that it is the outer or claimed top layer of the nonwoven fabric, which can be dyed and printed for various effects, that is imparts the essential character in all three materials (section XI subheading note 2. (B) (a)).

ISSUE:

What are the classification and country of origin of the subject merchandise? These materials are similar in nature and situation as to your good, which were the subject of New York ruling G84596.

CLASSIFICATION:

The applicable subheading for all three styles: Poolside; Hamar and Gotham will be 5603.14.3000 Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for nonwovens, whether or not impregnated, coated, covered or laminated, of man-made filaments, weighing more than 150 g/m², laminated fabrics. The duty rate 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

5602-5603 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.

As the fabric making process for this laminated fabric did not take place in a single country, ¶ (c)(2) of section 102.21is 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 wholly assembled in a single country, 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”. Since both the nonwoven and woven/knit textile portions equally contribute to the nature of the product, a single country of origin determination cannot be made based on Section 102.21(c)(4).

Paragraph (c)(5) states that “Where the country of origin of a textile or apparel product cannot be determined under paragraph (c)(1), (2), (3) or (4) of this section, the country of origin of the good is the last country, territory or insular possession in which an important assembly or manufacturing process occurred”. As both the nonwoven and woven/knit components, which, combined, add to the nature, character and salability of the materials, are printed and laminated in either Korea or Taiwan the country in which the last important assembly or manufacturing process occurred is either Korea or Taiwan.

HOLDING:

The country of origin of the product is deemed to be either Korea or Taiwan. Based upon international textile trade agreements products of Korea or Taiwan are subject to quota and the requirement of a visa. Textile restraint category number 223 applies to these goods.

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 George Barth at 212-637-7085.

Sincerely,

Robert B. Swierupski
Director,

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