Country of origin determination for a knitted blanket; 19 CFR 102.21(c)(4); most important assembly or manufacturing process

N347604
April 22, 2025
OT:RR:NC:N2:349
CATEGORY: Origin Ms. Spring Shao Nantong WP Home Textiles Co., Ltd. No. 168, Sheng Li Road Nantong 226014 China RE: Country of origin determination for a knitted blanket; 19 CFR 102.21(c)(4); most important assembly or manufacturing process Dear Ms. Shao: This is in reply to your letter dated April 9, 2025, requesting a country of origin determination for a blanket which will be imported into the United States. FACTS: The subject merchandise which you refer to as a “faux fur throw” is a blanket consisting of three layers. The front of the blanket is a 100 percent polyester pile fabric knitted in a two-toned horizontal striped pattern. Each stripe is approximately 3 inches wide. The back of the blanket is a solid colored 100 percent polyester micro mink warp knit short pile fabric. Between these two layers is a layer of nonwoven fabric. The blanket has a knife edge and measures 60 × 70 inches. The item is designed to provide protection against the cold. A classification and origin determination were provided for this item under NY N346436. This ruling request reflects a change in the country of manufacture of the backing fabric of the product classified in NY N346436. The manufacturing operations for the “faux fur throw” are as follows: CHINA Knit pile face fabric is formed. Knit pile micro mink backing fabric is formed. CAMBODIA or VIETNAM Nonwoven lining is formed.

CAMBODIA Fabric cut and sewn. Completed blanket exported to the United States. ISSUE: What is the country of origin of the subject merchandise? 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customs laws and the administration of quantitative restrictions, unless otherwise provided by the statute, entered, or withdrawn from warehouse, for consumption on or after July 1, 1996.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 19 CFR 102.21(b)(2) as “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 blanket, classified under heading 6301, Harmonized Tariff Schedule of the United States (HTSUS), is comprised of fabric from two different countries, Section 102.21(c)(2) is inapplicable. Paragraph (c)(3) states, “Where the country of origin of a textile or apparel product cannot be determined under paragraph (c) (1) or (2) of this section: if the good was knit to shape, the country of origin of the good is the single country, territory, or insular possession in which the good was knit; or except for fabrics of

chapter 59 and goods of headings 5609, 5807, 5811, 6213, 6214, 6301 through 6306, and 6308, and subheadings 6307.10, 6307.90, 9404.90, and 9619.00.31-33 if the good was not knit to shape and the good was wholly assembled in a single country, territory, or insular possession, the country of origin of the good is the country, territory, or insular possession in which the good was wholly assembled.? ?As the subject merchandise is not comprised of fabrics that are knit to shape in a single country, and heading 6301, HTSUS, is excepted under provision (ii), Section 102.21 (c)(3) is inapplicable. Paragraph (c)(4) states, ?Where the country of origin of a textile or apparel product cannot be determined under paragraph (c) (1), (2) or (3) of this section, the country of origin of the good is the single country, territory, or insular possession in which the most important assembly or manufacturing process occurred.? ?In the case of the subject merchandise, the most important manufacturing process occurs at the time of fabric making. ?Basing the country of origin determination on the fabric making process as opposed to the assembly process carries out the clear intent of Section 334 as expressed in Section 334(b)(2) and Part 102.21(c)(3)(ii). In the case of the subject throw, it is our opinion, the fabric making process of the outer shell constitutes the most important manufacturing process; the inner nonwoven lining is very thin and comparatively insubstantial to the outer shell fabrics that provide ample warmth and comfort to the user. ?The outer shell of the throw is formed by two different fabrics knit in a single country. ?Accordingly, the country of origin of the throw is China. HOLDING: The country of origin the blanket, described as a ?Faux Fur Throw,? is China. 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