HQ 087482: Country of Origin of surgical towels. Operating; disposable

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 087482

                         October 5, 1990

CLA-2  CO:R:C:G   087482  CC

CATEGORY:  Classification

Mr. Gerard B. Nicolas
Vice President
BONI F
c/o Ms. Jean-Noel
Haiti Consulate
60 E. 42nd St.
Rm. 1365
New York, N.Y. 10017

RE:  Country of Origin of surgical towels.  Operating; disposable

Dear Mr. Nicolas:

     This letter is in response to your inquiry of June 6, 1990,
requesting a country of origin determination for a surgical
towel.  A sample was submitted for examination.

FACTS:

     The submitted sample, designated by you as an operating
room towel (O R TOWEL) or surgical disposable towel, is a
surgical towel made of 100 percent cotton woven fabric.  It is
blue and measures approximately 18 inches by 28 inches.

     You state that the fabric is produced in China, Pakistan or
India and is shipped to Haiti on rolls 36 inches by 100 yards.
In Haiti the fabric is cut to length and width and hemmed on
three or four sides to create the towels.  Then the towels are
washed, shrunk, dried, dusted, folded, and packed.  They will be
sterilized in the United States.  You state that the direct
costs of production in Haiti will be more than 35 percent of the
value of the article.

ISSUE:

     What is the country of origin of the submitted merchandise?




LAW AND ANALYSIS:

     Section 12.130 of the Customs Regulations (19 CFR 12.130)
provides that a textile product that is processed in more than
one country or territory shall be a product of that country or
territory where it last underwent a substantial transformation.
A 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.

     In HRL 086132, dated February 22, 1990, we ruled that
cutting, hemming, and performing finishing operations on
surgical towels did not constitute substantial manufacturing or
processing operations; consequently, no substantial
transformation took place where these operations were performed.
Therefore the surgical towel at issue is not substantially
transformed in Haiti, and the country of origin is the fabric
producing country.

HOLDING:

     The country of origin of the submitted merchandise is the
fabric producing country (China, Pakistan, or India).

     The holding set forth above applies only to the specific
factual situation and merchandise identified in the ruling
request.  This position is clearly set forth in section
177.9(b)(1), Customs Regulations (19 CFR 177.9(b)(1)).  This
section states that a ruling letter 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.  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.  In the event there is a
change in the facts previously furnished this may affect the
determination of country of origin.  Accordingly, 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