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

Mr. James E. Unger
CBC Customhouse Brokers, Inc.
143 N. Bloomingdale Road
Bloomingdale, IL 60108

RE: The tariff classification of a spunbonded nonwoven fabric, for use in cushioning mattress innersprings, from China.

Dear Mr. Unger:

In your letter dated June 9, 2010, on behalf of Seating Technologies, Goshen, Indiana, you requested a tariff classification ruling.

The instant sample, which was not identified as to style or quality number, consists of a spunbonded nonwoven fabric which you state is composed of 100 percent polypropylene man-made fibers. While you suggest that the fiber content is of staple fibers, virtually all spunbonded nonwovens are composed of filaments. You further write that this material will be imported as piece goods having weights that will vary from 15 to 100 grams per square meter.

The following tariff classifications apply which are predicated upon the weight of the material:

If weighing not more than 25 grams per square meter, the applicable subheading for the material will be 5603.11.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for nonwovens, whether or not impregnated, coated, covered or laminated, of man-made filaments, weighing not more than 25g/m². The duty rate will be Free.      

If weighing more than 25 grams but not more than 70 grams per square meter, the applicable subheading for the material will be 5603.12.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for nonwovens, whether or not impregnated, coated, covered or laminated, ..., of man-made filaments, weighing more than 25g/m² but not more than 70g/m². The duty rate is Free.

If weighing not more than 70 grams but not more than 150 grams per square meter, the applicable subheading for the material will be 5603.13.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for nonwovens whether or not impregnated, coated, covered or laminated, of man-made filaments, weighing more than 70 g/m² but not more than 150 g/m². 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