CLA-2-56:OT:RR:NC:N3:350
Boris Borodin
American Products LLC
2201 Garrett Avenue
Baltimore, Maryland 21218
RE: The tariff classification of four nonwoven fabrics from China
Dear Mr. Borodin:
In your original letter dated September 25, 2020, which was returned to you for more information and through subsequent correspondence received by our office from you, on January 5, 2021, we notified you of a new control number for the tariff classification ruling you requested. Samples were provided to this office.
The products, four nonwoven fabrics described as “PP Spundbond” (two samples, one white, one blue), “PP Elastic” and “PP Meltblown” have been provided to our office. In email discussions subsequent to your initial request, you’ve indicated that all four nonwovens are composed of staple polypropylene fibers. Further, you indicate that “PP Elastic” and “PP Meltblown” contain other additives. “PP Elastic” weighs 90 g/m2 and both “PP Spunbond” fabrics, and “PP Meltblown,” weighs 25 g/m2. The nonwoven fabrics will be produced on rolls ranging from 175mm to 195mm in widths, and will be imported from China.
The applicable subheading for both “PP Spunbond” fabrics and the “PP Meltblown” fabric will be 5603.91.0090, Harmonized Tariff Schedule of the United States (“HTSUS”), which provides for “Nonwovens, whether or not impregnated, coated, covered or laminated: Other: Weighing not more than 25 g/m2… Other.” The rate of duty will be Free.
The applicable subheading for the “PP Elastic” fabric will be 5603.93.0090, HTSUS, which provides for “Nonwovens, whether or not impregnated, coated, covered or laminated: Other: Weighing more than 70 g/m2 but not more than 150 g/m2… Other.” The rate of duty will be Free.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheadings 5603.91.0090 and 5603.93.0090, 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 subheadings 5603.91.0090 and 5603.93.0090, HTSUS, listed above.
The tariff is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Notice cited above and the applicable Chapter 99 subheading.
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