CLA-2-58:OT:RR:NC:N3:350
Ms. Sylvia Perreira
Eagle Global Brokerage
2190 Hanson Way
Woodland, CA 95776
RE: The tariff classification of Sefar Tetex Mono V-17-2030-W 50 Rayl from Switzerland
Dear Ms. Perreira:
In your letter dated October 13, on behalf of Sefar Filtration, Inc., you requested a tariff classification ruling. That letter was a follow-up to earlier inquiries where we requested additional information. The samples which you submitted are being retained by this office.
In various correspondences with this office concerning the classification of this product, you have described the item as follows; “…the slit bolting cloth consists of a polyethertherketone (PEEK)…woven fabric in 3-300 meter lengths, and can be made in various widths. It is geometrically accurate as to size and shape of meshes…The slit bolting cloth is used in sound filtration applications. It is sold in the sound suppression/sound attenuation market.” The samples submitted were all approximately 5/8th inch wide. The samples have selvages on both sides which your letter indicated were formed when the fabric was cut with heated knives.
In your letter you propose classification under subheading 5911.20.3000, which provides for technical uses textiles and articles, and more specifically bolting cloth. The use of this product, as stated in your October 13, 2008 request letter, was in the sound suppression/sound attenuation market. This particular product will be used as a component of a noise reduction panel in the inlet cowl of a jet engine. You indicated there was no other use for this material in the U.S.
Under the terms of chapter 59, note 7(a), only the textile fabrics and products enumerated in 7(a)(i) through 7(a)(vi) fall within the purview of heading 5911. Note 7(b) enlarges the scope of this heading to include textile articles of a kind used for technical purposes. Note 7(b) is inapplicable in this case as the material has been imported in material lengths. Hence, the material is classifiable within heading 5911 only if it is one of the fabrics and products set forth in notes 7(a)(i) through 7(a)(vi) of Chapter 59. Of the fabrics set forth in note 7(a), we disagree that the fabric is bolting cloth. As pointed out in the EN to heading 59.11, bolting cloth is mainly used for sifting, filtering or screen printing. As stated in your letters, this product is only used as a part in a sound reduction panel. In addition, this product does not fall within any other material listed in Note 7(a)(i) through &(a)(vi).
The applicable subheading for the Sefar Tetex Mono V-17-2030-W 50 Rayl, when it is imported in a width not exceeding 30cm and having selvages on both sides, will be 5806.32.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for narrow woven fabrics…of man-made fibers…other than ribbons. The duty rate will be 6.2 percent ad valorem.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
Your inquiry does not provide enough information for us to give a classification ruling on Sefar Tetex Mono V-17-2030-W 50 Rayl, when it is imported in widths that exceed 30 cm. Your request for a classification ruling should include the following information;
Information Required For The Classification Of Woven Fabrics Of Man-Made Fibers
Please provide the generic name of each fiber and indicate whether the fiber is staple or filament. Also provide the weight for each generic fiber treating the staple and filament as separate materials. For example:
25% staple polyester
25% filament polyester
25% filament polypropylene
25% staple polypropylene.
Provide the width of the fabric in centimeters.
Provide the weight of the fabric in grams per square meter.
Provide the number of single yarns per centimeter in the warp and the number of single yarns per centimeter in the filling.
Provide the yarn sizes in the warp and filling including the number of plies forming each yarn.
If containing filament yarns indicate whether the yarns are textured or non-textured.
If containing filament yarns specify whether yarns are high tenacity and if high tenacity indicate the tenacity in centinewtons per tex.
If containing staple yarns indicate whether the yarns are combed or carded.
Specify the weave employed in producing the fabric. For example: plain, twill, satin, jacquard, pique, dobby, lappet, etc.
Provide the number of turns per meter in each type of yarn present in the fabric.
Indicate the type of loom used to weave the fabric. For example dobby, jacquard etc.
Specify the trade name and style name and number by which the fabric is designated.
Indicate whether the fabric is unbleached, bleached, dyed, composed of yarns of different colors and/or printed.
Indicate whether or not the fabric is coated and if so, specify the type of coating. For example, latex, acrylic, SBR.
Specify name of manufacturer and country of origin.
When this information is available, you may wish to consider resubmission of your request.
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 Deborah Walsh at (646) 733-3044.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division