CLA-2-56:OT:RR:NC:TA:350

Mr. Stephen J. Petre
Newbury Holding, LLC
1442 Newbury Lane
Maryville, TN 37803

RE: The tariff classification of a spunbonded nonwoven fabric, for use as a carpet underlay material, from China.

Dear Mr. Petre:

In your letter dated January 21, 2010, you requested a tariff classification ruling.

The instant sample, identified with product code DM-50, consists of a spunbonded nonwoven fabric that is composed of polyester man-made fibers. This fabric has been coated on one surface with polyvinyl chloride plastic dots which will imbue this material with anti-skid properties as its ultimate use is carpet underlay material. Additionally, you indicate that this material also has a light application of unspecified anti bacterial agents. This material is stated to weigh 120 grams per square meter and will be imported as roll goods having 75-inch widths and 350-yard lengths.

The applicable subheading for the product will be 5603.13.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for nonwovens, whether or not impregnated, coated, covered or laminated, weighing more than 70 g/m² but not more than 150 g/m² impregnated, coated or covered with material other than or in addition to rubber, plastics, wood pulp or glass fibers. The duty rate will be Free.

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 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 Deborah Walsh at (646) 733-3044.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division