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NY L81079




December 29, 2004

CLA-2-65:RR:NC:3:353 L81079

CATEGORY: CLASSIFICATION

TARIFF NO.: 6505.10.0000

Mr. Jim Reynolds
John A Steer Co.
28 S 2nd Street
Philadelphia, PA 19106

RE: The tariff classification of hairnets.

Dear Mr. Reynolds:

In your letter dated November 24, 2004, on behalf of Keystone Adjustable Cap Co., Inc, you requested a tariff classification, country of origin, marking and GSP ruling.

The submitted sample is an Item No. 1091 Hairnet made of knit textile. The yarn and elastic is knitted in the United Kingdom into strip netting with elastic edges (87% nylon & 13% elastic edges). The strip netting with elastic edges is then dyed in the United Kingdom. The strip netting with elastic edges is then shipped to Morocco on returnable beams. In Morocco the beams are unpacked and the strip netting is pulled off the beams and inspected for quality. The strip netting with elastic edges is measured, tied (twice per strip net) and cut into hairnets. The hairnets are quality inspected. Reels of tissue are cut to the desired size and folded. The hairnets are inserted into the tissue and are banded in a stack of 72. Two bands equaling a gross (144) are then placed in an inner box that is marked “Made in Morocco.” The gross boxes are placed into 10 or 20 gross outer shipping cases that are also marked “Made in Morocco.”

The applicable subheading for the No. 1091 Hairnet will be 6505.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Hats and other headgear, knitted or crochetedwhether or not lined or trimmed; hair-nets of any material, whether or not lined or trimmed.” The general duty rate will be 9.4% ad valorem.

Section 134.1(b), Customs Regulations (19 C.F.R. §134.1(b)), defines country of origin as “The country of manufacture, production, or growth of any article of foreign origin entering the United States. Further work or material added to an article in another country must effect a substantial transformation in order to render such other country the ‘country of origin’ within the meaning of this part.”

The cutting and finishing of the hairnet in Morocco constitutes a substantial transformation of the strip netting into a new and different article, which is the hairnet, having a new name, character and use. The country of origin of the hairnet is Morocco.

The marking statute, 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 legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. Congressional intent in enacting 19 U.S.C. 1304 was "that the ultimate purchaser should be able to know by an inspection of the marking on the imported goods the country of which the goods is the product. The evident purpose is to mark the goods so that at the time of purchase the ultimate purchaser may, by knowing where the goods were produced, be able to buy or refuse to buy them, if such marking should influence his will." United States v. Friedlaender & Co., 27 C.C.P.A. 297, 302 (1940).

Part 134 of the Customs Regulations (19 CFR Part 134) implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.33, Customs Regulations (19 CFR 134.33), excepts certain "J-list" articles from individual country of origin marking in accordance with 19 U.S.C. 1304(a)(3)(J) and only requires that the outermost container in which the article is imported to be marked with the country of origin. Among the J-list items are hairnets. While the hairnets need not be individually marked, the regulations require that for any J-list item, the outermost container in which the article normally reaches the ultimate purchaser is required to be marked to indicate the origin of its contents. 19 CFR 134.22(a), 134.25, and 134.33.

The proposed “Made in Morocco” marking of the inner boxes and outer containers of the imported hairnets, as described above, is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the imported hairnets.

Articles classifiable under subheading 6505.10.0000, HTS, which are products of Morocco may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term "GSP".

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

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 Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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