N357180

N357180 January 23, 2026 OT:RR:NC:N2:350 CATEGORY: Classification; Origin; Trade Programs Classification: 5603.93.0090 Ms. Angeliky Colokuris Escoto Customs Brokers Inc. 9540 Joe Rodriguez STE 100 El Paso, TX 79927 RE: The tariff classification, country of origin, country of origin marking, eligibility under the United States-Mexico-Canada Agreement (“USMCA”) for nonwoven filtration fabric; 19 CFR 102.21 (c)(5) Dear Ms. Colokuris: This is in reply to your letter dated December 18, 2025, requesting a ruling on the tariff classification, country of origin, country of origin for marking purposes, and eligibility under the United-States-Mexico-Canada Agreement (“USMCA”) for a nonwoven filtration fabric on behalf of your client Columbus Industries Texas LLP. FACTS: The nonwoven fabric under consideration is referred to as “Hydro Charge Filtering Nonwoven Media Rolls,” part number PDC1961370. You have submitted three samples of the nonwoven fabric to this office, each approximately 8”×11” in size. The nonwoven fabric consists of two layers of fabric: the “backer” composed wholly of polyester staple fibers and the “meltblown,” composed of 100 percent filament fibers. Both layers are said to be laminated together using hot-melt adhesive in a laminating machine. The “Hydro Charge Filtering Nonwoven Media Rolls” will be imported into the United States on rolls in widths of 24 inches and 48 inches, and in lengths ranging from 2500 to 3,000 linear feet, depending on end-user application. The total fabric weight is 81 g/m2 (comprising 60 g/m2 staple fibers and 21 g/m2 filament fibers). The meltblown layer of the combined nonwoven fabric undergoes more processing steps in order to enhance the layer’s capabilities to filter particulates from the air. For example, the meltblown layer is immersed in a plasma chamber and treated with hexafluoropropylene, then it is subjected to temperature-controlled high-pressure water imparting a permanent electrostatic charge to the fabric. The pertinent manufacturing operations for the completed nonwoven filtration fabric are as follows: United States Polypropylene resin/pellets are sourced. Polypropylene resin/pellets are extruded into filament fibers and the meltblown nonwoven fabric is formed. Hexafluoropropylene gas is produced. Meltblown nonwoven fabric is put onto rolls and then shipped to Mexico. China Polyester staple fibers and acrylic resin are manufactured. Polyester staple fibers are further processed by pulping, dehydration and forming of the nonwoven fabric. Nonwoven fabric is impregnated with acrylic resin binder for bonding the fabric. Finished polyester nonwoven staple fiber fabric is inspected, put onto rolls and then shipped to Mexico. Mexico The meltblown fabric is immersed in a plasma chamber where it is treated with the hexafluoropropylene gas. The treated meltblown is then subjected to high-pressure water jets at controlled temperatures to activate the hydrocharging effect. The meltblown layer is bonded to the backer fabric using hot-melt adhesive, in a laminating machine. The finished filter fabric is wrapped with stretch film and stacked on wooden pallets for storage and shipping to the United States. CLASSIFICATION: In your submission you suggest classification of the “Hydro Charge Filtering Nonwoven Media Rolls” under heading 5911 as “Textile products and articles, for technical uses.” We disagree. In HQ H273379, Headquarters reviewed Airflow Technology, Inc. v. United States, 524 F.3d 1287 (Fed. Cir. 2008), issued by the U.S. Court of Appeals for the Federal Circuit, which examined a nonwoven fabric used in air filtration, and upon remand, it was ultimately determined that nonwoven filtration fabric is not classifiable in heading 5911. The applicable subheading for the “Hydro Charge Filtering Nonwoven Media Rolls” will be 5603.93.0090, Harmonized Tariff Schedule of the United States (“HTSUS”), which provides for “Nonwovens, whether or not impregnated, coated, covered or laminated: Other: Weighing more than 70g/m2 but not more than 150g/m2… Other.” The rate of duty will be Free. COUNTRY OF ORIGIN - LAW AND ANALYSIS: Section 334 of the Uruguay Round Agreements Act (“URAA”) (codified at 19 USC 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. 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: HTSUS Tariff shift and/or other requirements 5602-5603 (1) Except for fabric of wool or of fine animal hair, a change from greige fabric of heading 5602 through 5603 to finished fabric of heading 5602 through 5603 by both dyeing and printing when accompanied by two or more of the following finishing operations: bleaching, shrinking, fulling, napping, decating, permanent stiffening, weighting, permanent embossing, or moireing; or (2) If the country of origin cannot be determined under (1) above, a change to heading 5602 through 5603 from any heading outside that group, provided that the change is the result of a fabric-making process. The “fabric-making process” is defined in 102.21(b)(2) as follows: 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. Since the “Hydro Charge Filtering Nonwoven Media Rolls” are constructed from two different fabrics formed in the U.S. and China, Section 102.21(c)(2) is inapplicable. Section 102.21(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: (i) 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 (ii) Except for goods of heading 5609, 5807, 5811, 6213, 6214, 6301 through 6306, and 6308, and subheadings 6209.20.5040, 6307.10, 6307.90, and 9404.90, 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 neither knit to shape, nor wholly assembled in a single country, Section 102.21 (c)(3) is inapplicable. Section 102.21 (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 manufa

Section 334 of the Uruguay Round Agreements Act (“URAA”) (codified at 19 USC 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. 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: HTSUS Tariff shift and/or other requirements 5602-5603 (1) Except for fabric of wool or of fine animal hair, a change from greige fabric of heading 5602 through 5603 to finished fabric of heading 5602 through 5603 by both dyeing and printing when accompanied by two or more of the following finishing operations: bleaching, shrinking, fulling, napping, decati