CLA-2-56:RR:NC:TA:350 F82028
Mr. Lee Greene
Famos USA, Inc.
7361 Brightwaters Court
New Port Richey, FL 34652
RE: The tariff classification of four different modified polymeric bitumen roofing materials in rolls, used for low slope roofing, from Germany.
Dear Mr. Greene:
In your original letter dated December 14th 1999 and the resubmitted letter of January 7, 2000, you requested a classification ruling. The supplier is FAMOS GmbH, Germany.
Four representative samples were submitted along with sample pieces of their respective reinforcement materials. The four materials are identified as styles: Famobit, Famoplan, Famogren and Famogreen RET, respectively.
The first item, Famobit, consists of a single ply nonwoven substrate (reinforcement) that has been coated and impregnated on both sides with high grade polymeric bitumen, modified with age stabilizing atactic polypropylene (APAO). The top portion has been coated with a silica sand/colored slate and the under side with a meltable polyethylene plastics film. This material measures about 4 mm in thickness and will be imported as roll goods measuring about 10 meters in length and 1 meter in width. It weighs 3,900 g/m². This material has application as an underlayer for new construction and Green Roofs (gardens).
The second item, Famogreen, consists of a single ply nonwoven substrate (reinforcement) that has been coated and impregnated on both sides with high grade polymeric bitumen, modified with age stabilizing atactic polypropylene. The top portion has been coated with quartz sand and the under side with a meltable polyethylene plastics film. This material measures about 4 mm in thickness and will be imported as roll goods measuring about 10 meters in length and 1 meter in width. It weighs 3,900 g/m². This material is used as the top layer of a root resistant sealing system for Green roofs with extensive or intensive vegetation cover.
The third item, Famogreen RET, consists of a single ply nonwoven substrate (reinforcement) that has been coated and impregnated on both sides with high grade polymeric bitumen, modified with age stabilizing atactic polypropylene. The top portion has been coated with a hydrogel under a special nonwoven top lining and under side with a meltable polyethylene plastics film. This material measures about 4 mm in thickness and will be imported as roll goods measuring about 7.5 meters in length and 1 meter in width. It weighs 4,850 g/m². This material is used as the top layer of a root resistant sealing system for Green roofs with extensive or intensive vegetation cover. The hydrogel layer stores water and releases it back to the plants to help them grow.
The fourth and final item, Famoplan, consists of a three component substrate reinforcement. You were only able to inform us that it contained polyester and fiberglass and you did not have a detailed component cost breakdown. The substrate consists of a scrim or grid of two sets of yarns, one superimposed at 90 degrees over the other; they are not woven together. The “yarns” of the grid appear to be both polyester and fiberglass. This grid is sandwiched between two nonwoven fiber webs of some blend of polyester and fiberglass fibers. The polyester fibers in these components are textile in nature. Some type of adhesive lightly holds the layers together. It is not known, but we will assume the polyester component predominates in weight, therefore we consider this substrate to be of a filament nonwoven textile.
This substrate has been coated and impregnated on both sides with high grade polymeric bitumen, modified with age stabilizing atactic polypropylene. The top portion has been coated with black granules/impregnated slate and the posterior side with a meltable polyethylene plastics film. This material measures about 4.2 mm in thickness and will be imported as roll goods measuring about 7.5 meters in length and 1 meter in width. It weighs 4,786 g/m². The essential character of this material is the polyester nonwoven. This material is used as a single ply application for reroofing or new construction.
The modified bitumen in all quantities is considered as asphalt for tariff purposes. All of the referred to reinforcements (substrates) are of a nonwoven textile of chapter 56.
Your contend that this merchandise is classifiable in subheading 6807.10.00, which provides for articles of asphalt or similar material (for example, petroleum bitumen, or coal tar pitch), in rolls.
Merchandise is classified under the HTSUSA in accordance with the General Rules of Interpretation (GRIs). GRI 1 provides that the classification of an article is to be determined according to the terms of the headings and any relative section or chapter notes, and provided the headings or notes do not otherwise require, according to the remaining GRIs.
Heading 6807, HTSUSA, covers articles of asphalt or similar material. Subheading 6807.10.10 covers such articles in rolls. However, Chapter 68, Note 1(c) excludes coated or covered textile fabrics of Chapter 56 or 59 from consideration in Chapter 68. The articles in question are of textile fabrics (chapter 59) covered and impregnated with asphalt and are, therefore, excluded from heading 6807 by virtue of this chapter note.
The applicable subheading for all four styles will be 5603.14.9010, Harmonized Tariff Schedule of the United States (HTS), which provides for nonwovens, whether or not impregnated, coated, covered or laminated, weighing more than 150 g/m², impregnated, coated or covered with material other than or in addition to rubber, plastics, wood pulp or glass fibers. The duty rate will be Free.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist George Barth at 212-637-7085.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division