CLA-2-56:S:N:N6:350 885842

Ms. Kelly Spivey
Southern Overseas Corporation
P.O. Box 19130
Charlotte, NC 28219

RE: The tariff classification of Geotextile material for use in protecting pit lining material in landfill construction, from Germany.

Dear Ms. Spivey:

In your letter dated April 30, 1993, on behalf of Huesker, Inc., 11107A South Commerce Blvd., P.O. Box 411529, Charlotte, NC 28241, you requested a tariff classification ruling.

The instant sample, identified in your correspondence as style HaTe B 2000 L, is described as a reinforced felt. It is used to cover and protect the synthetic lining membrane (SLM) used as a pit liner. Specifically, it consists of layered needleloomed felt composed of two outer layers of polypropylene man-made fibers with a weight of 1,800g per square meter for both. The middle layer is of high density polyethylene (PEHD) man-made fibers (200g/sq.mtr). This middle layer is not of woven construction as you indicate on your data sheet, but just an assemblage of fibers. The three layers are needled together forming a needleloom felt weighing 2,000g per square meter. This material will be imported in rolls measuring 40 meters long, 5.20 meters wide and 11 millimeters thick.

The applicable subheading for the material will be 5602.10.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for needleloom felt and stitch-bonded fiber fabrics, of other than wool or fine animal hair. The rate of duty will be 12.5 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