CLA-2-39:S:N:N3H:350 868091
Ms. Maria B. Dunn
F.X. Coughlin Co.
277 Southfield Parkway, Suite 120
Forest Park, GA 30050
RE: The tariff classification of a industrial door panel
material, from Brazil.
Dear Ms. Dunn:
In your letter dated October 18, 1991, on behalf of Albany
International, you requested a tariff classification ruling.
You indicate in your letter that this material has recently
been imported through various ports of entry. You also state that
there are no issues pending before the U.S. Customs Service for
this merchandise. However, the importer is requesting this
ruling to ensure uniformity of processing at all ports of entry.
We further note the enclosed copy of a CF-29 and Lab Report for
this merchandise which was generated back in 1989 for this
product. To date there have been no reports of any further
conflict.
The instant sample, identified in your letter as "ROLLTEX",
consists of woven industrial door panel material composed of
rugged polyester monofilaments that has been visibly coated on
both sides with a PVC plastics material. A laboratory report
furnished with your inquiry, while not recent, indicates this
material has the following composition by weight: PVC
32.4%/Polyester 67.6%. The material is approximately 2mm thick
and weighs 2.35 kilograms per square meter.
We presume the
material composition of this product has not changed since this
report was issued. A copy of a recent commercial invoice enclosed
with your other documents indicates that this material will be
imported as roll goods of 150 foot lengths and in varying widths
of 111 inches to 222 inches.
You write that the importer has made entry under item
3921.90.1500, HTS, but based on the weight of the product, the
applicable subheading for the item will be 3921.90.2550,
Harmonized Tariff Schedule of the United States (HTS), which
provides for other plates, sheets, film, foil and strip, of
plastics, combined with textile materials and weighing more than
1.492 kilograms per square meter, products with textile
components in which man-made fibers predominate by weight over
any other single textile fiber, not over 70 percent by weight of
plastics. The rate of duty will be 16 percent ad valorem.
This merchandise falls within textile category designation
229. Based upon international textile trade agreements, products
of Brazil are subject to a visa requirement.
The designated textile and apparel category may be
subdivided into parts. If so, visa and quota requirements
applicable to the subject merchandise may be affected. Since
part categories are the result of international bilateral
agreements which are subject to frequent renegotiations and
changes, to obtain the most current information available, we
suggest that you check, close to the time of shipment, the Status
Report On Current Import Quotas (Restraint Levels), an internal
issuance of the U.S. Customs Service, which is available for
inspection at your local Customs Office.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
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.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport