Country of origin determination for a sheet set; 19 CFR 102.21(c)(2); tariff shift

N347072
April 14, 2025
OT:RR:NC:N2:349
CATEGORY: Origin Mr. Harry Yao Down Home Manufacturing LLC 402 Maxwell Avenue Greenwood, SC 29646 RE: Country of origin determination for a sheet set; 19 CFR 102.21(c)(2); tariff shift Dear Mr. Yao: This is in reply to your letter dated March 25, 2025, requesting a country of origin determination for a sheet set, which will be imported into the United States. Samples were not provided. A brief description of the processing steps along with photos of the sheet set were provided. FACTS: The subject merchandise identified as a “3pcs microfiber sheet set” and “4 pcs microfiber sheet set” consists of a flat sheet, fitted sheet, and pillowcase(s). All of the items in the set are composed of 100 percent polyester microfiber woven fabric that is napped and either dyed or printed but not both. The edges of the fitted sheet are fully elasticized. The open end of the pillowcase and the top edge of the flat sheet are finished with a 2-inch-wide hem formed by a single straight stitch. You state that the finished items do not contain any embroidery, lace, braid, edging, trimming, piping or applique work. The sheet set will be imported with one standard pillowcase for the Twin XL set and two standard pillowcases for the Full, Queen and King sets. The sheet set is packed for retail sale in a self-fabric bag with a self-fabric drawstring closure. Each bag is sized to fit the folded set. The components of the sheet sets are classified within the same subheading and do not qualify as "goods put up in sets for retail sale." They will be classified separately under subheading 6302.22, Harmonized Tariff Schedule of the United States (HTSUS), if printed, and under subheading 6302.32, HTSUS, if dyed. The fabric bag used to hold the sets is considered packing. The manufacturing operations for the bed sheets are as follows:

Scenario 1 China Sewing thread is formed and finished. Filament yarn is formed and shipped to Vietnam. Vietnam The fabric is woven and exported to China in rolls. China Fabric is napped and either dyed or printed. Fabric is cut and sewn into flat sheets, fitted sheets, pillowcases and fabric bags. The finished product is shipped from China to United States. Scenario 2 China Filament yarn is formed and shipped to Vietnam. Vietnam Sewing thread is finished. Fabric is woven and exported to China in rolls. China Fabric is napped and either dyed or printed and shipped to Vietnam. Vietnam Fabric is cut and sewn into flat sheets, fitted sheets, pillowcases and fabric bags. The finished product is shipped from Vietnam to United States. ISSUE: What is the country of origin of the subject merchandise and how should the sheet sets be marked? COUNTRY OF ORIGIN - LAW AND ANALYSIS: Section 334 of the Uruguay Round Agreements Act (“URAA”) (codified at 19 U.S.C. 3592), enacted on December 8, 1994, provides the rules of origin for textiles and apparel products for purposes of the customs laws and the administration of quantitative restrictions, unless otherwise provided by the statute, entered, or withdrawn from warehouse, for consumption on or after July 1, 1996. Section 3592 has been described as Congress’s expression of substantial transformation as it relates to textile and apparel products. Section

102.21 of the Code of Federal Regulations (19 CFR 102.21) implements the URAA. 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. See 19 CFR 102.21(c). 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:” 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 in 102.21(b)(2) as follows: Fabric-making process. 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. Subheading 6302.32, HTSUS, is not included in the paragraph (e)(2) exception to the above tariff shift rule. The fabric comprising the sheets and pillowcases contained in the dyed sheet sets is formed in a single country, that is, Vietnam; therefore, as per the terms of the tariff shift requirement, the country of origin is conferred in Vietnam under both scenarios 1 and 2. Subheading 6302.22, HTSUS, is included in the paragraph (e)(2) exception to the above tariff shift rule. Paragraph (e)(2)(i) is not applicable as the fabric comprising the sheet sets is printed but not dyed. Paragraph (e)(2)(ii) states that "If the country of origin cannot be determined under paragraph (e)(2)(i) above, except for goods of HTSUS subheading 6117.10 that are knit to shape or consist of two or more component parts, the country of origin is the country, territory, or insular possession in which the fabric comprising the good was formed by a fabric-making process." The fabric comprising the pillowcases and sheets contained in the printed sheet sets was formed in a single country, that is, Vietnam, from yarns formed in China. As per the terms of this section, the country of origin of the printed sheets and pillowcases is conferred in Vietnam under both scenarios 1 and 2. HOLDING: The country of origin of the sheet sets under both Scenarios 1 and 2, listed above, is Vietnam.

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