us-cbp-cross-rulings-hq-955430•HQ 955430: Country of origin of bleached and dyed woven fabric
HQ 955430: Country of origin of bleached and dyed woven fabric
us-cbp-cross-rulings-hq-955430HQ 955430: Country of origin of bleached and dyed woven fabricGuidance
Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.
HQ 955430
January 10, 1994
CLA-2:CO:R:C:G 955430 PR
CATEGORY: Classification
Mr. Ong Keng Yong
Embassy of Singapore
3501 International Place NW
Washington, D.C. 20008
RE: Country of origin of bleached and dyed woven fabric
Dear Mr. Yong:
This is in reply to your letter of November 18, 1993,
concerning the country of origin of certain fabric. Our ruling
on the matter follows.
FACTS:
The submitted facts are:
The manufacturer uses imported griege sateen
fabrics in bale form. In his factory, the fabrics are
weighed, bleached and dyed to the required colours.
After which, the fabrics are dried and set to the
required width by the processes of widening and
stiffening. Defective fabric is cut out and discarded.
The sateen fabrics are then measured and cut to 1-inch
width which are then weighed and packed in roll form
for export.
We assume for the purposes of this ruling that the above
described processes occur in Singapore and that the fabric was
woven in another country.
ISSUE:
The issue presented is whether the processing in Singapore
converts the fabric to a product of that country.
LAW AND ANALYSIS:
Section 12.130, Customs Regulations (19 CFR
12.130), provides, in pertinent part, as follows:
-2-
(b) Country of origin. For the purpose of this section
* * * a textile or textile product, subject to section
204, which consists of materials produced or derived
from, or processed in, more than one foreign territory
or country, or insular possession of the U.S., shall be
a product of that foreign territory or country, or
insular possession where it last underwent a
substantial transformation. A textile or textile
product will be considered to have undergone a
substantial transformation if it has been transformed
by means of substantial manufacturing or processing
operations into a new and different article of
commerce.
* * *
(d) Criteria for determining country of origin. The criteria
in
paragraphs
(d)(1) and
(2)
of
this
section
shall
be
considered
in
determining the
country of
origin of
imported
merchandise.
These
criteria
are
not
exhaustive.
One
or
any
combination of
criteria
may
be
determinative,
and
additional
factors
may
be
considered.
(1) A new and different article of commerce will
usually result from a manufacturing or processing
operation if there is a change in:
(i) Commercial designation or identity,
(ii) Fundamental character or
(iii) Commercial use.
(2) In determining whether merchandise has been
subjected to substantial manufacturing or
processing operations, the following will be
considered:
(i) The physical change in the material or article
as a result of the manufacturing or processing
operations in each foreign territory or country,
or insular possession of the U.S.
(ii) The time involved in the manufacturing or
processing operations in each foreign territory or
country, or insular possession of the U.S.
(iii) The complexity of the manufacturing or
processing operations in each foreign territory or
country, or insular possession of the U.S.
(iv) The level or degree of skill and/or technology
required in the manufacturing or processing
operations in each foreign territory or country,
or insular possession of the U.S.
(v) The value added to the article or material in
each foreign territory or country, or insular
possession of the U.S., compared to its value when
imported into the U.S. -3-
When weighing all the above factors, it is our view that the
processing in Singapore has not resulted in a substantial
transformation. Fabric was imported into Singapore and the
processing there did not, in our view, change that fabric into a
new and different article. In addition, the processing which the
fabric underwent in Singapore is not deemed to be substantial.
Following an example contained in 12.130, we have issued
numerous rulings that a substantial transformation may occur
where fabric has been both dyed and printed, and has been
subjected to two other substantial processes (e.g. bleaching and
shrinking). Here, the processing of the instant fabric in
Singapore falls far short of the processing of fabric which we
have ruled to constitute a substantial transformation of that
fabric.
HOLDING:
The fabric remains a product of the the country where it was
woven.
Section 177.9(b)(1), Customs Regulations (19 CFR 177.9
(b)(1), states that a ruling is issued on the assumption that all
of the information furnished in connection with the ruling
request and incorporated in the ruling letter, either directly,
by reference, or by implication, is accurate and complete in
every material respect. Accordingly, the holding set forth above
applies only to the specific factual situation and the
merchandise identified in the ruling request. Should it
subsequently be determined that the information furnished is not
complete and does not comply with 19 CFR 177.9(b)(1), the ruling
will be subject to modification or revocation. If there is a
change in the facts furnished, the holding in this ruling may be
affected. In such an event, it is recommended that a new ruling
request be submitted in accordance with Section 177.2, Customs
Regulations (19 CFR 177.2).
Sincerely,
John Durant, Director
Commercial Rulings Division
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