CLA-2-55:OT:RR:NC:N3:352
Mr. Wes W. Wyrwa
Westech Group Ltd.
1203 Leewood Drive
Oakville, Ontario
Canada, L6M 3B3
RE: The tariff classification of five woven fabrics from India, South Africa and China
Dear Mr. Wyrwa:
In your letter dated August 21, 2012, you requested a tariff classification ruling. Five samples were provided and were sent to the CBP laboratory for analysis. You indicate that these fabrics will be used for belting, hoses and other industrial uses.
The first fabric is identified as Style PC10012. Customs and Border Protection (CBP) laboratory analysis indicates that it is unbleached, of plain weave construction, composed of 55.6% cotton and 44.4% polyester staple fibers, and weighs 281.5 g/m2. It contains 22.3 single yarns per centimeter in the warp and 14.4 single yarns per centimeter in the filling, with an average yarn number of 13. You indicate that this fabric will be imported in widths of 206 centimeters.
We note that the specifications sheet for this fabric claimed a fiber content of 50% spun polyester/50% cotton, but CBP analysis shows the cotton fibers predominating for this sample. Even a slight change in the fiber content may result in a change of classification. The fabric is subject to Customs laboratory analysis at the time of importation, and may be reclassified by Customs at that time if the results differ from those obtained from the instant sample.
The applicable subheading for style PC10012 will be 5211.11.0035, Harmonized Tariff Schedule of the United States (HTSUS), which provides for woven fabrics of cotton, containing less than 85 percent by weight of cotton, mixed mainly or solely with man-made fibers, weighing more than 200 g/m2: unbleached: plain weave, sheeting: not napped, other. The duty rate will be 7.7% ad valorem.
The second fabric is identified as Style M0123. CBP laboratory analysis indicates that it is unbleached, of plain weave construction, composed wholly of non-textured filament polyester, and weighs 322.7 g/m2. It contains 16.8 single yarns per centimeter in the warp and 13.0 single yarns per centimeter in the filling, with an average yarn number of 9. You indicate that this fabric will be imported in rolls, in widths of 163 and 204 centimeters.
The applicable subheading for style M0123 will be 5407.61.9915, HTSUS, which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404: other woven fabrics, containing 85 percent or more by weight of polyester filaments: containing 85 percent or more by weight of non-textured polyester filaments, other, other, unbleached or bleached, weighing more than 170 g/m2. The duty rate will be 14.9% ad valorem.
The third fabric is identified as Style SP207. CBP laboratory analysis indicates that it is unbleached, of plain weave construction, composed wholly of staple polyester and weighs 390.2 g/m2. It contains 29. 8 single yarns per centimeter in the warp and 16.8 single yarns per centimeter in the filling, with an average yarn number of 12. You indicate that this fabric will be imported in widths of 211 centimeters.
The applicable subheading for style SP207 will be 5512.11.0050, HTSUS, which provides for woven fabrics of synthetic staple fibers, containing 85 percent or more by weight of synthetic staple fibers: containing 85 percent or more by weight of polyester staple fibers: unbleached or bleached, duck. The duty rate will be 12% ad valorem.
The fourth fabric is identified as Style SP245. CBP laboratory analysis indicates that this fabric is unbleached, composed wholly of staple polyester and weighs 1306 g/m2. It contains 94 single yarns per centimeter in the warp and 43 single yarns per centimeter in the filling, with an average yarn number of 11. You indicate that this fabric will be imported in widths of 204 centimeters.
The applicable subheading for style SP245 will be 5512.11.0090, HTSUS, which provides for woven fabrics of synthetic staple fibers, containing 85 percent or more by weight of synthetic staple fibers: containing 85 percent or more by weight of polyester staple fibers: unbleached or bleached, other. The duty rate will be 12% ad valorem. The duty rate will be 12% ad valorem.
The fifth fabric is identified as Style SPN101. CBP laboratory analysis indicates that this fabric is unbleached, of plain weave construction, composed of 79% staple polyester and 21% nylon filament, and weighs 378.6 g/m2. It contains 45 single yarns per centimeter in the warp and 8 single yarns per centimeter in the filling, with an average yarn number of 14. You indicate that this fabric will be imported in widths of 204 centimeters.
The applicable subheading for style SPN101 will be 5515.12.0090, HTSUS, which provides for other woven fabrics of synthetic staple fibers: of polyester staple fibers: mixed mainly or solely with man-made filaments, other. The duty rate will be 12% 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/.
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 Maribeth Dunajski at (646) 733-3045.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division