HQ 086132: Request, on behalf of Wong Yu Yung, for binding ruling on surgical towels from Honduras

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 086132

                                February 22, 1990


      CLA-2 CO:R:C:G  086132  CMR

      CATEGORY: Classification

      TARIFF NO.: 6307.90.9010

      T. Porter Clary
      Commercial Attache
      American Embassy
      Tegucigalpa, D.C., Honduras, C.A.

      RE: Request, on behalf of Wong Yu Yung, for binding ruling on
          surgical towels from Honduras

      Dear Mr. Clary:

           This ruling is in response to your letter on behalf of Mr. Wong
      Yu Yung of Cinkong International Co. Ltd. regarding the classifi-
      cation of surgical towels which will be imported from Honduras.

      FACTS:

           One hundred percent cotton woven fabric is imported in rolls
      from Hong Kong.  The fabric will be cut, washed, seamed, folded and
      packaged as towels in Honduras.  The towels will be exported to the
      United States where they will be sanitized and sterilized for final
      use.  The principal use is for hospitals and clinics as surgical
      towels.  Two samples have been submitted.

      ISSUE:

           Are the processes which will be performed in Honduras sufficient
      to change the country of origin of the subject towels from Hong Kong,
      where the fabric originates, to Honduras?

      LAW AND ANALYSIS:

           For a textile product to be considered a product of a particular
      country, it must have undergone its last substantial transformation
      within that country.  "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."  19 CFR
      12.130(b).











                                       -2-


           Section 12.130(e)(2), Customs Regulations provides that an
      article usually will not be considered to be a product of a
      particular country by virtue of merely having undergone:

           (ii) Cutting to length or width and hemming or overlocking
           fabrics which are readily identifiable as being intended for a
           particular commercial use;

           The simple cutting and seaming (which we assume to be hemming)
      of the towelling fabric in Honduras falls within the above provision.
      We do not consider these operations to be substantial manufacturing
      or processing operations.  In addition, the washing, folding and
      packaging of the towels are considered minor operations which do not
      effect a change on the article.

           The operations which take place in Honduras are minor compared
      with the weaving of the fabric in Hong Kong and are not sufficient to
      perfect a change in the country of origin.

      HOLDING:

           The country of origin of the subject surgical towels is Hong
      Kong.  Surgical towels are classified in subheading 6307.90.9010,
      HTSUSA, which provides for other made up articles, other, other,
      surgical towels.  Surgical towels fall within textile category 369
      and are dutiable at 7 percent ad valorem.

           The designated textile and apparel category may be subdivided
      into parts.  If so, the visa and quota requirements applicable to the
      subject merchandise may be affected.  Since part categories are the
      result of international bilateral agreements which are subject to
      frequent renegotiations and changes, to obtain the most current
      information available, we suggest you check, close to the time of
      shipment, the Status Report On Current Import Quotas (Restraint
      Levels), an internal issuance of the U.S. Customs Service, which is
      updated weekly and is available for inspection at your local Customs
      office.

           Due to the changeable nature of the statistical annotation (the
      ninth and tenth digits of the classification) and the restraint
      (quota/visa) categories, you should contact your local Customs office
      prior to importation of this merchandise to determine the current
      status of any import restraints or requirements.


                                      Sincerely,



                                      John Durant, Director
                                      Commercial Rulings Division











      6cc: Area Director, New York Seaport
      1cc: CITA
      1cc: Legal Reference Section
      1cc: Phil Robins