Classification, quota status and marking determination for cotton swabs produced in either Korea or Thailand and re-packaged in China, before being exported to the United States.

NY C85695 March 27, 1998 CLA-2-56:RR:NC:TA:350 C85695 CATEGORY: Classification Mr. Antony Wagman Quest Cotton Products Empress Mill, Empress Street Old Trafford, Manchester MI6 9EN England RE: Classification, quota status and marking determination for cotton swabs produced in either Korea or Thailand and re-packaged in China, before being exported to the United States. Dear Mr. Wagman: In your letter dated March 19, 1998, you requested a classification, marking and quota determination for cotton swabs that are similar to those that were ruled upon earlier via NY C83031. While no new samples were supplied, the cotton swabs ruled upon earlier, consisted of a plastic stem measuring about 4 inches in length which contained a cotton wadding affixed to each end. Your current letter states that these swabs will be produced in either Korea or Thailand where they will be bulk packed and then shipped to your packaging facility in China where they will be re-packed into retail units. You indicate that you intend to mark the retail packs "Made in Korea/Thailand (whichever applicable), Packed in China." The applicable subheading for the cotton swabs will be 5601.21.0090, Harmonized Tariff Schedule of the United States (HTSUSA), which provides for ... articles of cotton wadding. The duty rate is 5.8 percent ad valorem. Textile category 369 applies. Customs Regulation 102.17 delineates non-qualifying country of origin operations. The country where goods are solely repackaged would not be considered as the country of origin of these goods, as with your cotton swabs. We concur with your contention that these swabs are considered a product of either Thailand or Korea and, as such, are not currently subject to any kind of textile restraints (quota or visa). The marking that you suggest above is also deemed acceptable. Please be aware that in the future, a local commodity specialist team may request that you substantiate any claims you make concerning origin and subsequent packaging to make sure they conform to all applicable regulations. 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 this ruling, contact National Import Specialist George Barth at 212-466-5884. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division