Country of origin determination of certain laminated fabrics

March 15, 2012 HQ H192977 CLA-2 OT:RR:CTF:TCM H192977 MG CATEGORY: Marking Thomas W. Singer iCustom Broker, Inc. 2211 Sheridan Drive Buffalo, NY 14223 RE: Country of origin determination of certain laminated fabrics Dear Mr. Singer: This is in response to your correspondence, dated August 30, 2011, on behalf of your client Louver-Lite (Canada) Limited, requesting a country of origin determination for four laminated fabrics to be used for the manufacture of window blinds. The fabrics were previously classified in heading 5407, of the Harmonized Tariff Schedule of the United States, in New York Ruling (NY) N183004, dated September 30, 2011. Sample swatches and corresponding specification sheets of all four laminated fabrics were included in this request. FACTS: The fabrics at issue consist of four styles, namely, the Savoy, Taffeta, Luna and Dahlia. These fabrics are described as follows: Style Savoy is a bonded fabric consisting of a face fabric woven in China and printed with a striped pattern, laminated to a backing woven in Pakistan and an ethylene vinyl acetate adhesive multi-layer film made in Italy. Style Taffeta is a bonded fabric consisting of a face fabric woven in China and printed with flock in a floral pattern that has been laminated to woven backing from Pakistan and an ethylene vinyl acetate adhesive multi-layer film made in Italy. Style Luna is a bonded fabric consisting of jacquard face fabric woven in India and laminated to a plain-woven backing made in Pakistan laminated to a backing woven and an ethylene vinyl acetate adhesive multi-layer film made in Italy.  Style Dahlia is a bonded fabric consisting of a jacquard face fabric woven in India and laminated to a plain-woven backing from Pakistan and an ethylene vinyl acetate adhesive multi-layer film made in Italy. Based on the information submitted, the greige fabrics are sent to England, where they are printed, laminated together with the adhesive film, treated with a non-visible coating, trimmed and cut to width into long rectangular pieces of fabric with right angled corners. The fabrics are then wound onto rolls for export into the United States for the manufacture of window blinds. ISSUE: What is the country of origin of the laminated fabrics? LAW AND ANALYSIS: The Uruguay Round Agreements Act ("URAA"), particularly Section 334, codified at 19 U.S.C. §3592, as amended by Section 405 of Title IV of the Trade and Development Act of 2000 ("TDA"), sets forth rules of origin for textile and apparel products. In pertinent part, 19 U.S.C. §3592 reads: (b) Principles  (1) In general Except as otherwise provided for by statute, a textile or apparel product, for purposes of the customs laws and the administration of quantitative restrictions, originates in a country, territory, or insular possession, and is the growth, product, or manufacture of that country, territory, or insular possession, if— *          *          *          *          * (C) the product is a fabric, including a fabric classified under chapter 59 of the HTS, and the constituent fibers, filaments, or yarns are woven, knitted, needled, tufted, felted, entangled, or transformed by any other fabric-making process in that country, territory, or possession[.] The face fabrics of the instant merchandise are woven in China or India. The fabrics are subsequently laminated in England. CBP has previously determined that lamination is not a fabric-making process. See Headquarters Ruling Letter ("HQ") 968229, dated July 18, 2006. Accordingly, the lamination process does not impact the country of origin under 19 U.S.C. §3592(b)(1)(C). The country of origin is thus the country in which the face fabric of each style fabric is woven. Pursuant to 19 U.S.C. §3592(b)(1)(C) the country of origin for Styles Savoy and Taffeta is China and for the Styles Luna and Dahlia it is India. HOLDING: Under 19 U.S.C. §3592(b)(1)(C), the country of origin for the Styles Savoy and Taffeta is China and for the Styles Luna and Dahlia it is India, the respective countries in which the face fabric was woven. A copy of this ruling letter should be attached to the entry documents filed at the time the goods are entered. If the documents have been filed without a copy, this ruling should be brought to the attention of the CBP officer handling the transaction. Sincerely, Ieva K. O’Rourke, Chief Tariff Classification and Marking Branch