Proposed Revocation of One Ruling Letter and Revocation of Treatment Relating to The Country of Origin of Certain Laminated Fabrics

In March 15, 2012, Binding Ruling Letter HQ H192977, CBP determined that the country of origin of the fabric styles, identified as Styles Savoy and Taffeta, is China, and the country of origin of the fabric styles, identified as Styles Luna and Dahlia, is India. CBP has reviewed HQ H192977 and has determined that ruling letter to be in error. It is now CBP's position that the country of origin of the above-referenced styles, identified as Styles Savoy, Taffeta, Luna and Dahlia, is England. Before taking this action, consideration will be given to any written comments received by November 1, 2019.

Style Savoy is a bonded fabric consisting of a face fabric woven in China and printed with a striped pattern, laminated to a backing woven in Pakistan and an ethylene vinyl acetate adhesive multi-layer film made in Italy.

Style Taffeta is a bonded fabric consisting of a face fabric woven in China and printed with flock in a floral pattern that has been laminated to woven backing from Pakistan and an ethylene vinyl acetate adhesive multi-layer film made in Italy.

Style Luna is a bonded fabric consisting of jacquard face fabric woven in India and laminated to a plain-woven backing made in Pakistan laminated to a backing woven and an ethylene vinyl acetate adhesive multi-layer film made in Italy.

Style Dahlia is a bonded fabric consisting of a jacquard face fabric woven in India and laminated to a plain-woven backing from Pakistan and an ethylene vinyl acetate adhesive multi-layer film made in Italy.

Based on the information submitted, the greige fabrics are sent to England, where they are printed, laminated together with the adhesive film, treated with a non-visible coating, trimmed and cut to width into long rectangular pieces of fabric with right angled corners. The fabrics are then wound onto rolls for export into the United States for the manufacture of window blinds.

In determining country of origin is England, Customs stated: "The fabrics ... are composed of three separately manufactured components (the face fabrics, the back fabrics and the adhesive film), assembled together. The term “wholly assembled,” ... means all components, of which there must be at least two, preexisted in essentially the same condition as found in the finished good and were combined to form the finished good in a single country, territory, or insular possession. ... the assembly operation performed abroad may consist of any method used to join or fit together solid components, such as welding, soldering, riveting, force fitting, gluing, lamination, sewing, or the use of fasteners). In the instant case, the face and back fabrics, as well as the adhesive film, preexisted in essentially the same condition prior to being laminated together in England. Therefore, we find that the fabrics at issue meet the above-discussed definition of wholly assembled. Since the fabrics were wholly assembled in England, we find that England is the country of origin for fabric styles Savoy, Taffeta, Luna and Dahlia."