CLA-2-:RR:NC:TA:350 I85390
Mr. Frank W.Schmitt
BCB International
1245 Niagara Street
Buffalo, NY 14213-1501
RE: The tariff classification of warp, warp pile knit and polyurethane foam laminated fabrics, for ultimate use in the manufacture of medical attachment harnesses for breathing masks, from Brazil and Canada.
Dear Mr. Schmitt:
In your letter dated August 9, 2002, which is a follow up letter of your June 22nd letter returned for additional information, you requested a tariff classification ruling on behalf of AccuMed Technologies, Inc., Buffalo, NY. The fabric’s manufacturer (Articles # 1 and # 2) is Waiswol & Waiswol, Ltd., Sao Paulo, Brazil. The laminated fabric (Article # 3) is by Globaltex, Windsor, ON, Canada. The additional sample was furnished. There was a question on the construction of Article # 2.
Three initial samples were submitted, and you write that the three fabrics will be imported into the United States and refer to them as Articles # 1, # 2 and # 3. Articles # 1 and # 2 are Brazilian. Article # 3 is imported from Canada
Article # 1 – trade name TEC-MA 5282 – is a 62 inch wide smooth, close warp knit fabric of filament Polyamide yarns (nylon) and Elastomeric (Elastane “Lycra”) yarns, 85 % and 15 % by weight, respectively.
Article # 2 – trade name TEC-NAP 5821 – is, by the information you furnish, a 3 bar tricot warp knit 85% filament polyamide / 15% elastomeric (Elastane “Lycra”) yarn fabric of pile construction. It is written that the third bar of yarn is overfed into the knitting machine along with the first two knitting bars of yarn. The knitted fabric is then brushed in a finishing process to raise the overfed third bar yarn into a closed loop pile nap. The loops are not broken during brushing. The purpose of the closed loop is to provide a base for a Velcro hook attachment to catch. Other than brushing, the fabric is not finished in any other way. We agree that due to the overfeeding of the third bar yarn the intended fabric is of pile construction. The newly furnished sample is of this material prior to brushing and does show the extended yarn.
Fabric specifications were furnished with the initial inquiry.
Articles # 1 and # 2 are imported into the United States. They are then shipped to Canada where they are flame laminated together using an approximately 1 mm thick polyurethane foam sheet. The plastic foam is a product of the United States and shipped to Canada with the knit fabrics. A schematic of this process was furnished with the initial letter. This laminated fabric is imported back into the United States and used by AccuMed to make the mask harnesses. This laminated good is Article # 3.
The applicable subheading for the plain tricot knit fabric (Article #1) will be 6004.10.0025, Harmonized Tariff Schedule of the United States (HTS), which provides for knitted or crocheted fabrics of a width exceeding 30 cm, containing by weight 5 percent or more of elastomeric yarn or rubber thread, … containing by weight 5 percent or more of elastomeric yarn but not containing rubber thread, .. warp knit, other than open-work figured fabrics. The rate of duty will be 12.6 percent ad valorem.
The applicable subheading for the looped pile fabric of man-made fibers (Article #2) will be 6001.22.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for pile fabrics, including “long pile” fabrics… knitted or crocheted, … looped pile fabrics, of man-made fibers. The rate of duty will be 17.7 percent ad valorem.
Chapter 60 Note 1 (c) governs the classification of Article # 3, which reads:
1. This chapter does not cover:
(c) Knitted or crocheted fabrics, impregnated, coated, covered or laminated of chapter 59. However, knitted or crocheted pile fabrics, impregnated, coated, covered or laminated, remain classified in heading 6001.
Accordingly, the applicable subheading for Article # 3 (laminated material) will be 6001.22.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for pile fabrics, including “long pile” fabrics… knitted or crocheted, … looped pile fabrics, of man-made fibers. The rate of duty will be 17.7 percent ad valorem.
Articles #2 and #3 fall within textile category designation 224. Based upon international textile trade agreements products of Brazil are subject to quota and the requirement of a visa.
There are no textile restraints for Article #1.
The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.
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 646-733-3044.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division