CLA-2-55:OT:RR:NC:N3:351
Mr. Han Kim
Harvest Global International Inc
18001 South Figueroa Street, #B Gardena, CA 90248
RE: The tariff classification of polyester staple fibers from Nigeria
Dear Mr. Kim:
In your letter dated April 26, 2023, you requested a tariff classification ruling on behalf of your client, Mini Bebe Inc. Samples were provided and sent for laboratory analysis. The samples will be retained for training purposes.
Item# 7D X 32MM HCS, 7D X 51 MM HCS, 7D X 64MM HCS (described as Hollow Conjugated Siliconized) and 15D X 64 MM HC, and 15D X 51 MM HC (described as Hollow Conjugated) are staple fibers composed of 100 percent polyester. The fibers are packaged in bales and shipped to the United States. The fibers are intended to produce wadding for furniture and mattresses.
According to U.S. Customs and Border Protection, (CBP) laboratory analysis, the sample described as Hollow Conjugated Siliconized 7D X 32MM HCS, is synthetic staple fibers wholly composed of polyester, not carded, combed, or otherwise processed for spinning. The fibers have a uniform length of 35 mm and a decitex of 11.5.
According to CBP laboratory analysis, the sample described as Hollow Conjugated Siliconized 7D x 51MM HCS, is synthetic staple fibers wholly composed of polyester, not carded, combed, or otherwise processed for spinning. The fibers have a uniform length of 51.5 mm and a decitex of 10.5.
According to CBP laboratory analysis, the sample described as Hollow Conjugated Siliconized 7D X 64MM HCS, is synthetic staple fibers wholly composed of polyester, not carded, combed, or otherwise processed for spinning. The fibers have a uniform length of 65 mm and a decitex of 20.5.
According to CBP laboratory analysis, the sample described as Hollow Conjugated 15D x 51MM HC, is synthetic staple fibers wholly composed of polyester, not carded, combed, or otherwise processed for spinning. The fibers have a uniform length of 54.5 millimeters (mm) and a decitex of 18.8.
According to CBP laboratory analysis, the sample described as Hollow Conjugated 15D x 64MM HC, is synthetic staple fibers wholly composed of polyester, not carded, combed, or otherwise processed for spinning. The fibers have a uniform length of 69.5 mm and a decitex of 21.
The applicable subheading for the Hollow Conjugated Siliconized 7D X 32MM HCS and Hollow Conjugated Siliconized 7D x 51MM HCS, polyester staple fibers will be 5503.20.0045, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Synthetic staple fibers, not carded, combed, or otherwise processed for spinning: Of polyesters: Other: Measuring 3.3 decitex or more but less than 13.2 decitex. The rate of duty will be 4.3 percent ad valorem.
The applicable subheading for the Hollow Conjugated Siliconized 7D X 64MM HCS, Hollow Conjugated 15D x 51MM HC, and Hollow Conjugated 15D x 64MM HC, polyester staple fibers will be 5503.20.0065, HTSUS, which provides for Synthetic staple fibers, not carded, combed, or otherwise processed for spinning: Of polyesters: Other: Measuring 13.2 decitex or more. The rate of duty will be 4.3 percent 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 at https://hts.usitc.gov/current.
You state the polyester staple fibers are from Nigeria. Written decisions regarding the scope of AD/CVD orders are issued by the Enforcement and Compliance office in the International Trade Administration of the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection (CBP). You can contact them at https://trade.gov/enforcement/ (click on Contact Us). For your information, you can view a list of current AD/CVD cases at the United States International Trade Commission website at https://www.usitc.gov/trade_remedy/documents/orders.xls, and you can search AD/CVD deposit and liquidation messages using CBP's AD/CVD Search tool at https://aceservices.cbp.dhs.gov/adcvdweb
The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Kristine Dodge at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division