CLA-2-56:OT:RR:NC:N3:350
Ms. Joanne Kveton
Mainstream International INC.
Newfield Avenue
Edison, NJ 08837
RE: The tariff classification of nonwoven fabrics and nonwoven textile articles from China
Dear Ms. Kveton:
In your letter dated October 23, 2019 you requested a tariff classification ruling. Samples were previously provided to this office.
The product, described as “Fidge shelf liner” is a thin nonwoven fabric intended for lining refrigerator shelves. In your request and subsequent correspondence you state that this product is composed of 100 percent polyester staple fibers which are entangled by needle punching and then thermally bonded. Through a thermal process, the surface of the fabric intended to contact the shelf is textured in a pattern. Your letter does not indicate the product is impregnated, coated or covered with any substances. You state that this fabric weighs 220 g/m2 and will be imported in the form of a rectangle.
The product, described as “Pot protector” is a thin nonwoven article of textile fabric intended to be placed between pots and pans to protect them from being scratched. In your request and subsequent correspondence you state that this product is composed of 100 percent polyester staple fibers which are entangled by needle punching and then thermally bonded. Through a thermal process, one surface of the fabric is textured in a pattern. Your letter does not indicate the product is impregnated, coated or covered with any substances. You state that this fabric weighs 220 g/m2 and will be imported in a form other than rectanugalar or square (i.e. it is otherwise made-up, cut into distinctive geometric shapes containing more than four sides).
The applicable subheading for the fabric described as “Fridge shelf liner” will be 5603.94.9030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Nonwovens, whether or not impregnated, coated, covered or laminated: Other: Weighing more than 150 g/m2: Other: Other… Other nonwovens, whether or not impregnated, coated or covered: Thermal bonded, of staple fibers.” The rate of duty will be Free.
The applicable subheading for the fabric described as “Pot protector” will be 6307.90.9889, HTSUS, which provides for “Other made up articles, including dress patterns: Other: Other: Other… Other: Other.” The rate of duty will be 7 percent ad valorem.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 5603.94.9030, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to subheading 5603.94.9030, HTSUS, listed above.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 6307.90.9889, HTSUS, unless specifically excluded, are subject to an additional 15 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.15, in addition to subheading 6307.90.9889, HTSUS, listed above.
The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china respectively.
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 the 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 Michael Capanna via email at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division