CLA-2-84:OT:RR:NC:1:104
Ms. Marilyn Viruet
Bekaert Corporation
1395 South Marietta Parkway
Building 500, Suite 100
Marietta, GA 30067-4440
RE: The tariff classification of card clothing from unspecified European countries and India.
Dear Ms. Viruet:
In your letter dated December 16, 2010 you requested a tariff classification ruling.
The items in question are (1) revolving tops, (2) stationary flats and (3) metallic wire. Two representative samples were submitted, i.e., one revolving top and one stationary flat. Revolving tops are composed of a foundation fabric with wire punched through the foundation like staples. The tops come in varying sizes, e.g., some are 1015 mm in length while others are 1019 mm in length. The revolving tops are approximately 30 mm in width. While the stationary flats are of the same basic size as the revolving tops, they differ insofar as they are manufactured with steel bases having short pieces of metallic wire installed in the articles. Both the revolving tops and the stationary flats are used on card clothing machines to clean, separate and straighten fibers. Card clothing is the material used to cover the working surfaces of a card clothing machine. Samples of the revolving top and the stationary flat will be returned to you as per your request.
The applicable subheading for the revolving tops and the stationary flats will be 8448.31.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Auxiliary machinery for use with machines of heading 8444, 8445, 8446 or 8447 (for example, dobbies, Jacquards, automatic stop motions and shuttle changing mechanisms); parts and accessories suitable for use solely or principally with the machines of this heading or of heading 8444, 8445, 8446 or 8447 (for example, spindles and spindle flyers, card clothing, combs, extruding nipples, shuttles, healds and heald-frames, hosiery needles): Parts and accessories of machines of heading 8445 or of their auxiliary machinery: Card clothing. The duty rate will be 3.3 percent ad valorem.
Articles classifiable under subheading 8448.31.0000, HTSUS, which are products of India may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP, however, is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term “GSP”.
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 the metallic wire. Your request for a classification ruling should include the following:
Please submit a sample of a piece of the subject shaped wire.
Please state the chemistry of the material including carbon content.
Please provide a step by step description of the manufacturing process and the thickness of each prospective shaped wire product or the range of thicknesses.
Please state the principal use of the shaped wire.
When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.
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 Patricia O’Donnell at (646) 733-3011.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division