CLA-2-54:OT:RR:NC:N3:352
Mr. Moe Elshafi
Alba Wheels Up International, Inc.
111 Town Square Place, Suite 740
Jersey City, NJ 07310
RE: The tariff classification of fabric woven of high tenacity nylon filament yarns, in various widths, from India
Dear Mr. Elshafi:
In your letter dated June 13, 2013, on behalf of Essen Polymers, Inc. you requested a tariff classification ruling.
The submitted fabric sample, Mecords Style DNF 2525, is a woven fabric. Based on your initial correspondence and subsequent contact, this fabric will be used for reinforcing diaphragms, rubberized sheets and mechanical rubber goods.
According to U.S. Customs and Border Protection (CBP) lab analysis, this fabric is composed wholly of non-textured nylon filament yarns, is of plain weave construction and weighs 325.3 g/m2. Your submission indicated that these fabrics are woven of yarns with a tenacity of 79.5 centinewtons per tex (cN/tex). The CBP lab measured the tenacity of the warp yarns to be 62.4 cN/tex and of the filling yarns to be 67.5 cN/tex, thus meeting the following definition of high tenacity yarn, found in Note 6 to Section XI of the Harmonized Tariff Schedule of the United States (HTSUS):
For the purposes of this section, the expression “high tenacity yarn” means yarn having
a tenacity, expressed in cN /tex (centinewtons per tex), greater than the following:
Single yarn of nylon or other polyamides, or of polyesters. . . . . . . . . ... . . . . . . 60 cN/tex
Multiple (folded) or cabled yarn of nylon or other polyamides, or of polyesters. 53 cN/tex
Single, multiple (folded) or cabled yarn of viscose rayon. . . . . . . . . . . . .. . . . . . 27 cN/tex
Your submission indicates that a number of different styles of this fabric will be imported, in various widths and colorations. You state that these fabrics will be composed of either Nylon 6,6 or Nylon 6 yarns, all woven of non-textured filament high tenacity yarns. You also state that some of the fabrics will be imported unbleached, while some will be imported treated with resorcinol formaldehyde latex (RFL).
Note 2 to Chapter 59, HTSUS, defines the scope of heading 5903, under which textile fabrics which are coated, covered, impregnated, or laminated with plastics are classifiable. In addition, it provides guidance on the classification of combinations of textile and plastics. Note 2 states in part that heading 5903, HTSUS, applies to:
(a) Textile fabrics, impregnated, coated, covered or laminated with plastics, whatever the weight per square meter and whatever the nature of the plastic material (compact or cellular), other than:
(1) Fabrics in which the impregnation, coating or covering cannot be seen with the naked eye (usually chapters 50 to 55, 58 or 60): for the purposes of this provision, no account should be taken of any resulting change in color.
Your submission and sample indicate that this fabric has been treated with resorcinol formaldehyde latex (RFL), which is an emulsion typically containing formalin, resorcinol, styrene-butadiene and other minor components combined with water. This treatment is intended to enhance the adhesion of rubber to the surface of the fabric. The RFL changes the color of the fabric to a brownish orange color; however, the RFL is not visible to the naked eye other than as a change in color. Since this office does not feel that the RFL coating on this fabric is visible to the naked eye, we do not consider it to be a coated fabric for the purposes of classification in heading 5903, HTSUS.
Based on your initial correspondence and subsequent contact, this fabric will be imported in widths ranging from 20 to 165 centimeters. The Explanatory Notes, which have been ruled to be the official interpretation of the Harmonized Code at the international level, define narrow woven fabrics and selvages, for the purposes of classification in heading 5806, as follows:
(A) NARROW WOVEN FABRICS
In accordance with Note 5 to this Chapter, this heading includes as narrow woven fabrics
(1) Warp and weft fabrics in strips of a width not exceeding 30 cm, provided with selvedges (flat or tubular) on both edges. These articles are produced on special ribbon looms several ribbons often being produced simultaneously; in some cases the ribbons may be woven with wavy edges on one or both sides.
(2) 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 unravelling 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 unravelling. 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.
You have stated that all of these fabrics will be imported with fused edges, thereby meeting the definition of selvages as described above.
The applicable subheading for the fabric Mecords Style DNF 2525, woven of high tenacity yarns and greater than 30 cm in width, will be 5407.10.0090, HTSUS, which provides for Woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404, woven fabrics obtained from high tenacity yarn of nylon or other polyamides or of polyesters, other. The duty rate will be 13.6 % ad valorem.
The applicable subheading for the fabrics described above, but in widths not exceeding 30 cm, imported with fused edges (i.e. with selvages as defined above), will be 5806.32.2000, HTSUS, which provides for Narrow woven fabrics, other than goods of heading 5807 […]: other woven fabrics: of man-made fibers: other. The duty rate 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