Country of origin and marking determination for microplush blanket; 19 CFR 102.21(c)(2); tariff shift

N343970 November 21, 2024 OT:RR:NC:N2:349 CATEGORY: Origin, Marking Ms. Stacy Swenson Peking Handicraft Inc 10590 Wayzata Blvd.Minnetonka, MN 55305 RE:  Country of origin and marking determination for microplush blanket; 19 CFR 102.21(c)(2); tariff shift Dear Ms. Swenson: This is in reply to your letter dated November 12, 2024, requesting a country of origin and marking determination on behalf of Target Corporation for a blanket which will be imported into the United States. FACTS: The subject “Threshold Microplush Blanket,” Style # PHC13416, Product ID PID-EL5004, is made from a single layer of 100 percent polyester knit fabric that is dyed a single uniform color.  All four edges of the blanket are hemmed.  The blanket will be imported in following sizes: Twin/Twin Extra Long, Full, Queen and King, packaged for retail sale.   The manufacturing operations for the blanket is as follows:   China Bottles are collected and made into pellets Pellets are extruded and made into yarn Yarn is exported to Egypt Egypt Fabric is knitted and dyed a single uniform color Fabric is cut and sewn into a blanket Blanket is inspected, packaged and exported to U.S. ISSUE: What is the country of origin of the subject merchandise and how should the blanket be marked? COUNTRY OF ORIGIN - LAW AND ANALYSIS: Section 334 of the Uruguay Round Agreements Act (codified at 19 U.S.C. 3592), enacted on December 8, 1994, provided rules of origin for textiles and apparel entered, or withdrawn from warehouse for consumption, on and after July 1, 1996.  Section 102.21, Customs Regulations (19 C.F.R. 102.21), published September 5, 1995 in the Federal Register, implements Section 334 (60 FR 46188).  Section 334 of the URAA was amended by section 405 of the Trade and Development Act of 2000, enacted on May 18, 2000, and accordingly, section 102.21 was amended (68 Fed. Reg. 8711).  Thus, the country of origin of a textile or apparel product shall be determined by the sequential application of the general rules set forth in paragraphs (c)(1) through (5) of Section 102.21. Paragraph (c)(1) states, “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, “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:”  The blankets are provided for under heading 6301, Harmonized Tariff Schedule of the United States (HTSUS).  Paragraph (e) in pertinent part states, 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  6301-6306 Except for goods of heading 6302 through 6304 provided for in paragraph (e)(2) of this section, the country of origin of a good classifiable under heading 6301 through 6306 is the country, territory, or insular possession in which the fabric comprising the good was formed by a fabric-making process.   The “fabric-making process” is defined under paragraph (b)(2) to Section 102.21 which states, “A fabric-making process is any manufacturing operation that begins with polymers, fibers, filaments (including strips), yarns, twine, cordage, rope or fabric strips and results in a textile fabric.”  As the fabric comprising the blanket is formed in a single country, that is, Egypt, as per the terms of the tariff shift requirement, country of origin is conferred in Egypt.   MARKING - LAW AND ANALYSIS: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. As provided in section 134.41(b), Customs Regulations (19 C.F.R. 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 C.F.R. 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched.  However, section 134.44, Customs Regulations (19 C.F.R. 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable. Your ruling request did not indicate the language and manner of marking nor was a marked sample received with your request. We are unable to rule on whether the specific marking on the blanket is adequate to satisfy the requirements of 19 U.S.C. 1304, without a marked sample or a photograph of the actual marking. HOLDING: The country of origin of the Threshold Microplush Blanket, Style # PHC13416, Product ID PID-EL5004, is Egypt.  Unless excepted, the blanket must 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. that the country of origin is Egypt.  If you wish a ruling determination on marking, you may file a new ruling request and submit images or samples with the proposed country of origin marking.  The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP. This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Kim Wachtel at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division