CLA-2-54:OT:RR:NC:N3:352
Ms. Sabina Stefanowska
Westech Advanced Materials, Ltd.
1203 Leewood Drive
Oakville, Ontario L6M 3B3
Canada
RE: The tariff classification of fabric woven of high tenacity nylon filament yarns, from India
Dear Ms. Stefanowska:
In your letter dated June 28, 2016 you requested a tariff classification ruling. A sample swatch was provided to this office and sent for laboratory analysis.
The submitted fabric sample, designated as “Westech Fabric Style N80001”, is a woven fabric. According to the information provided to our office, the fabric is intended to be made into conveyor belting material. The warp yarns of the fabric is a high tenacity nylon multifilament, while the filling yarns are staple nylon. The edges of the fabric have been heat sealed by using thermal cutters during production to avoid fraying on the edges. Your letter states that the fabric appears multi-layered, but is actually pseudo-bilayered, making it appear multi-layered, when the fabric is actually a single layer with high thickness. The fabric is not impregnated, coated, covered or laminated. You indicate the fabric will be imported in rolls in a size of 203.2 centimeters in width and 130 meters in length.
U.S. Customs and Border Protection (CBP) Laboratory has determined that the fabric swatch labeled “N80001” is bleached and other than plain, twill or satin weave construction. The fabric is approximately 6 millimeters in thickness and weighs 3408.5 g/m2. It is composed of 5-ply nylon multifilament yarn in the warp direction (65.9 percent by weight) and 3-ply nylon/polyester staple yarn in the filling direction (34.1 percent by weight). The filling yarn is composed of 89.3 percent nylon and 10.7 percent polyester yarns. The overall composition of the fabric by weight is 96.4 percent nylon and 3.6 percent polyester. Further laboratory analysis has determined the warp yarn to have an average tenacity of 71.3 centinewtons per tex (cN/tex), thus meeting the 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
The applicable subheading for “Westech Woven Fabric N80001” will be 5407.10.0090, Harmonized Tariff Schedule of the United States (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 polyester: Other. The applicable rate of duty will be 13.6% 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 https://hts.usitc.gov/current.
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 Nicole Rosso via email at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division