CLA-2-39:S:N:N6:350 812576
Mr. Dennis Bruning
Bruning International Corporation
8 Griffin Way
Chelsea, Massachusetts 02150
RE: The tariff classification and status under the North
American Free Trade Agreement (NAFTA), of five styles of
coated/impregnated textile fabrics, from Mexico; Article
509.
Dear Mr. Bruning:
In your letter dated June 6, 1995, which was received by
this office July 20,1995, on behalf of Bixby International
Corporation, Newburyport, MA, you requested a ruling on the
status of five coated/impregnated textile fabrics from Mexico
under the NAFTA. The manufacturer is Terlan Mexicana,
Guadalajara, Mexico.
Five representative materials were submitted. The country
of origin of all components that make up this merchandise will be
the U.S.A. with the exception of coagulant WS-A, which you
indicate per a recent telephone conversation, is supplied from
Germany. Since this coagulant constitutes less than 1/10 of 1% of
the final product, for the purposes of NAFTA, it is considered de
minimis.
The first item, style 30 Bixsnap, consists of a woven cotton
fabric that has been thoroughly and completely saturated with a
water based polystyrene latex plastic that totally obscures the
yarns on both sides of the fabric. This fabric is for use in
footwear as a box toe (reinforcement in the toe of the shoe) and
will be produced in thicknesses of between 0.027 and 0.055
inches.
The second item, style NR-30, consists of a woven cotton
fabric which has been thoroughly impregnated with a formulated
water based natural rubber compound. This material has
application in footwear as a box toe reinforcement and will be
produced in thicknesses of 0.020-0.037 inches.
The third item, style Bixsuede, consists of a polyester
needle punched nonwoven fabric. The needled web of staple man-
made fibers has been further bonded by saturation with a
formulated water based rubber compound which uniformly permeates
the web, creating a nonwoven textile fabric with the fibrous
nature of the material remaining. This material is used as a
quarterlining material in footwear and will be produced in
thicknesses of between 0.030-0.039 inches.
The fourth item, styles SDX Black and STAFAX S1X White, are
both similar in construction to the third item (style Bixsuede).
However, they will be produced in thicknesses ranging from 0.012-
0.018 inches and will be used as a reinforcing material in
footwear.
The fifth and final item, style 250 Super, is also similar
in construction to the third item (style Bixsuede). However, the
needled web of staple man-made fibers here, has been further
bonded by saturation with a formulated water based polystyrene
latex compound (a plastics material). This material will be
manufactured in thicknesses ranging from 0.42-0.060 inches and is
also for use as a box toe shoe reinforcement.
The applicable tariff provision for style 30 Bixnap will be
3921.90.1950, Harmonized Tariff Schedule of the United States
Annotated (HTSUSA), which provides for other plates, sheets,
film, foil and strip, of plastics, combined with a single textile
material, other, and weighing not more than 1.492kg/m2. The
general rate of duty will be 5.3 percent ad valorem.
The fabric, being made entirely in the territory of Mexico
using materials which themselves were originating, will satisfy
the requirements of HTSUSA General Note 12(b)(iii). The
merchandise will therefore be entitled to a 4.2 percent rate of
duty under the NAFTA upon compliance with all applicable laws,
regulations, and agreements.
The applicable tariff provision for style NR-30 will be
5906.99.1000, HTS, which provides for rubberized textile fabrics,
other than knitted or crocheted, of cotton. The general rate of
duty is 5 percent ad valorem. The merchandise is entitled to a 4
percent rate of duty under the NAFTA upon compliance with all
applicable laws, regulations and agreements.
The applicable tariff provision for the remaining materials
(styles Bixsuede, SDX Black, Stafast S1X White, and 250 Super)
will be 5603.00.9090, HTS, which provides for nonwovens, whether
or not impregnated, coated, covered or laminated, of staple
fibers. The general rate of duty is 10 percent ad valorem. The
merchandise is entitled to a 8.7 percent rate of duty under NAFTA
upon compliance with all applicable laws, regulations and
agreements.
While you alluded to whether or not this merchandise would
qualify as an assembly operation within the meaning of heading
9802..., HTS, this would not be possible noting that the raw
materials supplied to Mexico from the United States underwent a
substantial manufacturing operation.
This ruling is being issued under the provisions of Part 181
of the Customs Regulations (19 C.F.R. 181).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
This ruling letter is binding only as to the party to whom
it is issued and may be relied on only by that party.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport