CLA-2-56:RR:NC:TA:350 C80262
Mr. Sid Grace
Grace International, Inc.
34 Garvey Road
Framingham, MA 01701
RE: The tariff classification of needleloom felt material for
use in the manufacture of wiping cloths and strips for mop
heads, from Slovenia.
Dear Mr. Grace:
In your letter dated September 11, 1997, and follow up
letter which was received October 2, 1997, you requested a tariff
classification ruling.
In your inquiry, you make reference to an earlier NY ruling
(NY 864520) dated October 3, 1991 which you claim concerned
similar merchandise.
Two identical representative samples were submitted which
you indicate are composed of 100% cellulosic rayon staple fibers.
The material, as analyzed by the New York Customs laboratory,
consists of a needleloom felt that has been lightly treated on
both surfaces with an application of an acrylic type plastics
binder. This treatment smooths the surface of the material and
facilitates the application of the printing of a diamond pattern
on both surfaces, however; it does not permeate throughout the
thickness of the fabric.
The fabric will be imported in rolls having widths ranging
from 22 to 63 inches and lengths of approximately 100 yards. It
will weigh between 170 and 300 grams per square meter in its
imported condition. These weights are not a factor in the
subheading classification determination.
In your current inquiry, you believe that this material is
classifiable in subheading 5603.14.9090 since the old number
5603.00.9090, cited in the 1991 ruling no longer exists ( the
subheadings under 5603 were radically changed in 1996). The
classification on which the initial ruling was predicated was
based on the information in your letter; the Customs Laboratory
did not analyze the material for construction.
Your October 2nd letter indicates that the current material
was made by a needling operation. This needle construction was
verified by the Customs Lab and, further, the "binder" did not
penetrate throughout the thickness of the material. The
application of the acrylonitributadien binder is superficial and
is considered secondary to the method of construction of this
material.
Accordingly, the applicable subheading for the material will
be 5602.10.9090, Harmonized Tariff Schedule of the United States
(HTS), which provides for needleloom felt and stitch-bonded fiber
fabrics, of other than wool or fine animal hair. The rate of
duty will be 11.7 percent ad valorem.
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 George
Barth at 212-466-5884
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division