CLA-2-58:OT:RR:NC:N3:350
Ms. Norma Diaz CHB
ED Group & TFS Brokers, Inc.
8502 Killam Industrial Boulevard
Laredo, TX 78045
RE: The tariff classification of a woven polyester open tubular protective wrap sleeving from Mexico
Dear Ms. Diaz:
In your letter dated November 12, 2014, you requested a tariff classification ruling on behalf of Vitrica S.A. de C.V., Mexico, DF. A sample was provided.
VitriFlex-Tube Product Code: PTWWR / Protective Wrap Product (color black) is a flexible narrow woven fabric, rolled into an open tubular form, said to be composed of monofilament and multifilament polyester yarns. These yarns measure under one millimeter in cross-section and therefore meet the definition of textile as found in Note 1(g) to Section XI. According to the literature provided, this product is designed to bundle wire harnesses, cable assemblies, and hoses, and protect them from chafing, cutting and abrasion. Your correspondence states that the self-wrapping design minimizes the need for taping when conforming to parts. This product will be used in various industries, such as electronic, automotive, marine, aviation, etc. The product is available in nominal sizes from 5 to 38 millimeters, and is available on spools or as cut pieces.
In your submission you suggest classification as a textile article for technical use under 5911.90.0080, Harmonized Tariff Schedule of the United States (HTSUS). You cite New York Ruling 890332 (September 20, 1993), but note changes in technology since that ruling was written. However, this product is not a textile fabric or article of the type specified in Note 7 to Chapter 59, reproduced below:
Heading 5911 applies to the following goods, which do not fall in any other heading of section XI:
(a) Textile products in the piece, cut to length or simply cut to rectangular
(including square) shape (other than those having the character of the products of headings 5908 to 5910), the following only:
(i) Textile fabrics, felt and felt-lined woven fabrics, coated, covered or
laminated with rubber, leather or other material, of a kind used for card
clothing, and similar fabrics of a kind used for other technical purposes,
including narrow fabrics made of velvet impregnated with rubber, for
covering weaving spindles (weaving beams);
(ii) Bolting cloth;
(iii) Straining cloth of a kind used in oil presses or the like, of textile material or of human hair;
(iv) Flat woven textile fabrics with multiple warp or weft, whether or not
felted, impregnated or coated, of a kind used in machinery or for other
technical purposes;
(v) Textile fabric reinforced with metal, of a kind used for technical purposes;
(vi) Cords, braids and the like, whether or not coated, impregnated or reinforced with metal, of a kind used in industry as packing or lubricating materials;
(b) Textile articles (other than those of headings 5908 to 5910) of a kind used for technical purposes (for example, textile fabrics and felts, endless or fitted with linking devices, of a kind used in papermaking or similar machines (for example, for pulp or asbestos-cement), gaskets, washers, polishing discs and other machinery parts).
Alternatively, in your letter you indicate that the product should be classified under subheading 5808.10, HTSUS, which provides for braids in the piece, other, of cotton or man-made fiber. However, U.S. Customs and Border Protection (CBP) laboratory analysis has determined that the sample is an open tubular textile fabric of twill weave construction, constructed of one monofilament polyester yarn and one multifilament polyester yarn, weighing 371.5 g/m2.
Note 5(a) to Chapter 58, HTSUS, sets forth the meaning of "narrow woven fabrics" for the purposes of heading 5806. It states:
Woven fabrics of a width not exceeding 30 cm, whether woven as such or cut from wider pieces, provided with selvages (woven, gummed or otherwise made) on both edges;
The Explanatory Notes (EN), which are the official interpretation of the Harmonized Code at the international level, further describe narrow woven fabrics and the selvages required for classification under heading 5806. Part (A)(2) of the EN for heading 5806 states in part:
Strips of a width not exceeding 30 cm, cut (or slit) from wider pieces of warp and weft fabric (whether cut (or slit) longitudinally or on the cross) and provided with false selvedges on both edges, or a normal woven selvedge on one edge and a false selvedge on the other. False selvedges are designed to prevent unravelling of a piece of cut (or slit) fabric and may, for example, consist of a row of gauze stitches woven into the wider fabric before cutting (or slitting), of a simple hem, or they may be produced by gumming the edges of strips, or by fusing the edges in the case of certain ribbons of man-made fibers. They may also be created when a fabric is treated before it is cut into strips in a manner that prevents the edges of those strips from unravelling. No demarcation between the narrow fabric and its false selvedges need be evident in that case. Strips cut (or slit) from fabric but not provided with a selvedge, either real or false, on each edge, are excluded from this heading and classified with ordinary woven fabrics.
Therefore, since the product at issue is not of braided construction, but is of twill weave construction and does meet the definition of narrow woven fabric above, it would be considered a narrow woven fabric.
The applicable subheading for VitriFlex-Tube Product Code: PTWWR / Protective Wrap Product will be 5806.32.2000, HTSUS, which provides for narrow woven fabrics […] other woven fabrics: of man-made fibers: other. The rate of duty will be 6.2 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 on World Wide Web at http://www.usitc.gov/tata/hts/.
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.
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 Maribeth Dunajski via email at [email protected].
Sincerely,
Deborah C. Marinucci
Acting Director
National Commodity Specialist Division