COUNTRY OF ORIGIN MARKING OF IMPORTED ROOFING UNDERLAYMENT

NY M86766 October 13, 2006 MAR-2 RR:NC:TA:350 M86766 CATEGORY: MARKING Andrew L. Share Nixon Peabody LLP 900 Elm Street Manchester, NH 03101-2019 RE: COUNTRY OF ORIGIN MARKING OF IMPORTED ROOFING UNDERLAYMENT Dear Mr. Share: This is in response to your letter dated September 11, 2006, on behalf of your client, Reemay, Inc. d/b/a BBA Fiberweb, requesting a ruling on whether the proposed markings 1) "Made in Canada with Substantial United States Materials", or 2) “Made in Canada with United States Fabrics”, or 3) “Made in Canada with United States Textiles” are acceptable country of origin markings for imported roofing underlayment since the markings "with Substantial United States Materials/or with United States Fabrics/or with United States Textiles" appears on the article which is a country or locality other than the actual country of origin of the article. A marked sample was not submitted with your letter for review. Your correspondence indicates the high strength polypropylene roofing underlayment covers the surface of the roof of a house before the outer layer is applied (e.g. shingles, shakes, tiles, etc.) It is intended to act as a secondary water barrier to aid in the reduction of roof leaks. The polypropylene roofing underlayment is stated to be composed of a nonwoven textile that is manufactured in the United States. Rolls of this nonwoven textile are exported to Canada where you state they are laminated with a polypropylene resin finish. Your letter indicates the resin is a compact plastic in liquid form that is applied on both sides of the nonwoven textile using an extrusion coating process. Further, in Canada the roofing underlayment material (the laminated nonwoven and compact polypropylene resin product) is printed with the product’s tradename, cut into smaller rolls, packaged individually, packed on pallets and shipped back to the United States. Your client seeks a ruling on the use of a product label that refers to Canada as the country of manufacture but also references the United States origin of the nonwoven textile component of the product. Based on the information provided, the applicable subheading for the roofing underlayment will be 3921.90, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Other plates, sheets, film, foil and strip, of plastics: Other (not cellular): Combined with textile materials and weighing not more than 1.492 kg/m². 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 134.46, Customs Regulations (19 CFR 134.46), deals with cases in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin. In such a case, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," Product of," or other words of similar meaning. In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side(s) or surface(s) in which the name or locality other than the actual country of origin appears. The proposed marking of the imported roofing underlayment with the wording “Made in Canada with United States Fabrics” or “Made in Canada with United States Textiles”, satisfies the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking. The use of the word “substantial”, which Webster’s defines as “being of considerable importance, value, degree, amount, or extent”, has the potential to imply a substantial transformation has taken place and may lead to the incorrect assumption that the United States was the country of origin. This wording may serve to confuse the ultimate purchaser as to the country of origin – Canada. Therefore, the proposed marking with the wording “Made in Canada with Substantial United States Materials” is not acceptable and is not consistent with the country of origin marking requirements in Part 134, Customs Regulations. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 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 Deborah Walsh at 646-733-3044. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division