CLA-2-52:RR:NC:TP:351 A84722
Mr. Tom Penksa
PBB Group
434 Delaware Ave.
Buffalo, NY 14202
RE: The tariff classification and status under the North
American Free Trade Agreement (NAFTA), of woven cotton tack
cloths and knit polyester tack cloths from China and Canada;
Article 509
Dear Mr. Penksa:
In your letter dated April 29, 1996, with additional
information submitted on June 7, 1996, you requested a ruling on
the tariff classification and status under the North American
Free Trade Agreement (NAFTA), of woven cotton tack cloths and
knit polyester tack cloths from China and Canada.
You have submitted two samples of tack cloths, which are
used to clean surfaces of dust and particulate matter to prepare
for painting or finishing. Both cloths have been impregnated
with polybutylene resin, which is not visible to the naked eye.
Both have been folded to a 5 inch square and presented in re-
sealable plastic bags; we assume that this represents the
condition in which they are imported. One tack cloth is of woven
cotton and the other is of knitted polyester.
The woven cotton cloth has been cut to a rectangular shape
measuring approximately 15 inches in width and 30 inches in
length. The cotton fabric, a cheesecloth, contains 8 single
threads per centimeter in the warp and 4.7 in the filling, weighs
19.25 grams per square meter, and the yarns are singles, of
carded cotton, of size 40s. The fabric does not appear to have
been dyed, but has taken on a yellowish color due to the presence
of polybutylene resin.
The polyester cloth is also rectangular. It has been warp-
knitted to a 9.5 inch width and cut to a length of 18 inches.
For the woven cotton cloth, the yarns were spun in China and
the cloth was woven in China; all subsequent production (folding,
impregnation, testing, cutting and packing) took place in Canada.
For the knitted polyester cloth, the fibers were extruded in the
United States from resin of unspecified origin, and all
subsequent production took place in Canada.
The applicable tariff provision for the knitted polyester
tack cloth will be 6002.20.6000, Harmonized Tariff Schedule of
the United States Annotated (HTSUSA), which provides for other
knitted or crocheted fabrics; other, of a width not exceeding 30
cm; other; of man-made fiber. The general rate of duty will be
8.4 percent ad valorem.
Each of the non-originating materials used to make the
knitted polyester tack cloth has satisfied the changes in tariff
classification required under HTSUSA General Note 12(t)/60. It
will be entitled to a 1.7 percent ad valorem rate of duty under
the NAFTA upon compliance with all applicable laws, regulations,
and agreements.
The applicable tariff provision for the woven cotton tack
cloth will be 5208.12.6090 HTSUSA, which provides for woven
fabrics of cotton, containing 85 percent or more by weight of
cotton, weighing not more than 200 g/m2; unbleached; of numbers
43 to 68; cheesecloth. The general rate of duty will be 9
percent ad valorem.
The woven cotton tack cloth does not qualify for
preferential treatment under the NAFTA because it will not be
wholly obtained or produced entirely in the territory of a NAFTA
country, and will not be made exclusively from originating
materials. The cotton cloth that is woven in China and used in
the production of the tack cloth will not undergo the change in
tariff classification required by General Note 12(t)/52, HTSUSA.
The woven cotton tack cloth falls within textile category
designation 226. Based upon international textile trade
agreements products of China are subject to quota and the
requirement of a visa.
Since quota and visa restrictions are the result of
international bilateral agreements which are subject to frequent
renegotiations and changes, to obtain the most current
information available, we suggest that you check, close to the
time of shipment, the Status Report on Current Import Quotas
(Restraint Levels), an internal issuance of the U.S. Customs
Service, which is available for inspection at your local Customs
office.
This ruling is being issued under the provisions of Part 181
of the Customs Regulations (19 C.F.R. 181). This ruling letter
is binding only as to the party to whom it is issued and may be
relied on only by that party.
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 Jeff
Konzet at 212-466-5885.
Should you wish to request an administrative review of this
ruling, submit a copy of this ruling and all relevant facts and
arguments within 30 days of the date of this letter, to the
Director, Commercial Rulings Division, Headquarters, U.S. Customs
Service, 1301 Constitution Ave., NW, Franklin Court, Washington,
DC 20229.
Sincerely,
Roger J. Silvestri
Director
National Commodity
Specialist Division