CLA-2 CO:R:C:G 081817 SM
Mr. Anthony Sorresso
Miracle Graphic Supplies, Inc.
98 Field Street
West Babylon, NY 11704
RE: Tariff classification of dampening roller covers
Dear Mr. Sorresso:
Your letter of April 30, 1987, addressed to our New York
office, requesting a tariff classification ruling for dampen-
ing roller covers, has been referred to this office for reply.
FACTS:
A sample of the merchandise, to be imported from Japan,
was submitted. It is a knit man-made fiber seamless tubing of
pile construction, known as "Mir-a-Vel," with a diameter of
about seven centimeters. It weighs approximately 1,207 grams
per square meter and has fewer than 12 stitches per centimeter
in the vertical direction. It is designed for use in the
printing industry, specifically, to fit over the dampening
rollers of a printing press. The tubing may be imported in
the piece and then cut to order, or it may be imported cut to
size for specific rollers, with drawstrings sewn on the ends.
ISSUE:
How is the seamless knit pile tubing classified under
the Harmonized Tariff Schedule of the United States Annotated
(HTSUSA) if imported in the piece and if imported in the form
of roller covers of specific sizes?
LAW AND ANALYSIS:
Classification under the HTSUSA is in accordance with
the General Rules of Interpretation (GRI's). GRI 1 provides
that classification is determined first according to the terms
of the headings of the tariff and any relative section or
chapter notes.
-2-
With regard to the fabric, heading 6001, HTSUSA, pro-
vides for pile fabrics, knitted or crocheted. Statistical
Note 1 of Chapter 60 states that to be classified under the
statistical breakouts for velour under heading 6001, the
fabric must contain 12 or more stitches per centimeter in the
vertical direction. Since the "Mir-a-Vel" tubing does not
meet this requirement, it is classified as other than velour.
With regard to the covers, heading 5911, HTSUSA, pro-
vides for textile products and articles for technical uses,
specified in Note 7 of Chapter 59, HTSUSA. Note 7(b) speci-
fies that heading 5911 includes textile articles of a kind
used for technical purposes, assuming such articles are not
the types covered by headings 5908 to 5910, HTSUSA. Since the
roller covers are articles designed for a technical purpose,
i.e., to serve as an integral and necessary part of a litho-
graphic printing press, and are not covered by headings 5908
to 5910, which include textile wicks, hosepiping, and conveyor
belts, we conclude that they are classifiable under heading
5911, HTSUSA.
Note 7 of Chapter 59, HTSUSA, also provides for the
classification under heading 5911 of certain textile piece
goods for technical uses. The specified products are quite
limited, however, and do not include seamless knit plush
tubing.
HOLDING:
If imported as piece goods, the tubing is classified
under subheading 6001.92.0020, HTSUSA, textile category 224, a
provision for other pile fabrics of man-made fibers over 271
grams per square meter, not velour, with a general rate of
duty of 19.5 percent. If imported as covers, the merchandise
is classified under subheading 5911.90.0000, HTSUSA, with a
general rate of duty of 7.5 percent.
Because of the possibility of changes in statistical
annotations, i.e., the ninth and tenth digits of the tariff
classification number, and in the restraint 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 of Customs
New York Seaport Area
cc: Legal Reference Section
cc: CITA
cc: NIS George Barth
cc: Phil Robins