CLA-2:53:OT:RR:NC:N3:352
Ms. Tracy Pang
Test Rite Products Corporation
1900 S. Burgundy Place
Ontario, CA 91761
RE: The tariff classification of two woven fabrics, one jute and one synthetic, in various widths, from China
Dear Ms. Pang:
In your letter dated January 4th, 2013, you requested a tariff classification ruling. Two representative samples were submitted with your ruling request.
Item #731935, identified in your letter as Burlap Roll, is a rough woven fabric of natural fibers. Although in your submission you describe this fabric as 100% linen, U.S. Customs and Border Protection (CBP) laboratory analysis indicates that this item is composed wholly of jute, and is of plain weave construction, weighing 203.5 g/m2. Your initial correspondence and subsequent contact indicate that these fabrics will be imported in rolls in two sizes: 52 cm x 213.4 cm and 26.7 cm x 274.3 cm. You state that they will be used for crafts and for home decoration.
Item #302158, identified in your letter as Mesh Roll, is a lightweight fabric woven of monofilament yarns, with metallic yarns running in the warp direction. CBP laboratory analysis indicates that this item is composed of 96.8% olefin monofilament and 3.2% metallic yarns, is of a weave other than plain, twill or satin and weighs 45.2 g/m2. Your initial correspondence and subsequent contact indicate that these fabrics will be imported in rolls in two sizes: 52 cm x 457.2 cm and 26.7 cm x 548.7 cm. You state that they will be used for crafts and for home decoration.
Note 5(a) to Chapter 58, Harmonized Tariff Schedule of the United States (HTSUS), sets forth the meaning of "narrow woven fabrics" for the purposes of heading 5806. It states:
Woven fabrics of a width not exceeding 30 cm, whether woven as such or cut from wider pieces, provided with selvages (woven, gummed or otherwise made) on both edges;
The Explanatory Notes (EN), which are the official interpretation of the Harmonized Code at the international level, further describe narrow woven fabrics and the selvages required for classification under heading 5806. Part (A)(2) of the EN for heading 5806 states in part:
Strips of a width not exceeding 30 cm, cut (or slit) from wider pieces of warp and weft fabric (whether cut (or slit) longitudinally or on the cross) and provided with false selvedges on both edges, or a normal woven selvedge on one edge and a false selvedge on the other. False selvedges are designed to prevent unraveling of a piece of cut (or slit) fabric and may, for example, consist of a row of gauze stitches woven into the wider fabric before cutting (or slitting), of a simple hem, or they may be produced by gumming the edges of strips, or by fusing the edges in the case of certain ribbons of man-made fibres. They may also be created when a fabric is treated before it is cut into strips in a manner that prevents the edges of those strips from unraveling. No demarcation between the narrow fabric and its false selvedges need be evident in that case. Strips cut (or slit) from fabric but not provided with a selvedge, either real or false, on each edge, are excluded from this heading and classified with ordinary woven fabrics.
The samples provided contain selvages as described in the Explanatory Notes above, on both edges.
The applicable subheading for Item #731935 Burlap roll, 52 cm (20.5 inches) wide (i.e. greater than 30 cm in width) will be 5310.10.0020, HTSUS, which provides for woven fabrics of jute or other textile bast fibers of heading 5303: unbleached, not over 130 centimeters in width. The rate of duty will be free.
The applicable subheading for Item #731935 Burlap Roll, 27 cm (10.5 inches) wide (i.e. not exceeding 30 cm in width) will be 5806.39.2000, HTSUS, which provides for narrow woven fabrics, other than goods of heading 5807; narrow fabrics consisting of warp without weft assembled by means of an adhesive (bolducs): other woven fabrics: of other textile materials: of vegetable fibers, except cotton. The rate of duty will be 4.9% ad valorem.
The applicable subheading for Item #302158 Mesh Roll, 52 cm (20.5 inches) wide (i.e. greater than 30 cm in width) will be 5407.73.2015, 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 synthetic filaments: of yarns of different colors: other: weighing not more than 170 g/m2. The duty rate will be 8.5% ad valorem.
The applicable subheading for Item #302158 Mesh Roll, 27 cm (10.5 inches) wide (i.e. not exceeding 30 cm in width) will be 5806.32.2000, HTSUS, which provides for narrow woven fabrics, other than goods of heading 5807; narrow fabrics consisting of warp without weft assembled by means of an adhesive (bolducs): other woven fabrics: of man-made fibers: other. The rate of duty will be 6.2 % 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 assumption that the subject goods, in their condition as imported into the United States, conform to the facts and the description as set forth both in the ruling request and in this ruling. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of Customs and you should resubmit for a new ruling in accordance with 19 CFR 177.2. You should also be aware that the material facts described in the foregoing ruling may be subject to periodic verification by Customs.
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,
Gwenn Klein Kirschner
Acting Director
National Commodity Specialist Division