CLA-2-60:S:N:N3H:351 873480
Mr. Thomas C. Lloyd
3M-Transportation Dept.- Customs/Import
P.O. Box 33250
St. Paul, MN 55133-3250
RE: The tariff classification of capillary membrane warp knit
fabric from Germany.
Dear Mr. Lloyd:
In your letter dated April 14, 1992, you requested a tariff
classification ruling.
You have submitted a sample of Oxyphan capillary membrane
material used in the Sarns Turbo Membrane Oxygenator. The two-
layer sample measures less than 8 feet in length and 26.4
centimeters (cm) in width, and it has two fast edges (selvages).
The fabric will not be imported in other widths. The material is
made of 100% polypropylene hollow fiber monofilaments measuring
0.38 millimeters (mm), outer diameter; and measuring 0.28 mm,
inner diameter. The monofilaments are knitted into a warp knit
fabric that is not considered to be of open-work construction.
The membrane material is shipped in bulk lengths of approximately
297 feet to Sarns/3M Health Care who cuts and packages it for use
in blood oxygenators.
In a fax message sent to our office on April 24, 1992, you
asked if importing the material cut to 9 foot lengths (the size
required for use in one oxygenator) would affect the
classification of this merchandise. We will not be able to rule
on this question without more information as to the exact
condition of the 9 foot length that you plan to import. If you
wish to receive a ruling on this subject, we suggest you submit a
ruling request with a sample of the material in its actual
imported condition, and a detailed explanation of what further
processing and uses the product will undergo after importation.
The applicable subheading for capillary membrane material in
297 feet lengths will be 6002.20.6000, Harmonized Tariff Schedule
of the United States (HTS), which provides for other knitted or
crocheted fabrics, other, of a width not exceeding 30 cm, other,
of man-made fibers. The rate of duty will be 8.6 percent ad
valorem.
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