CLA-2-55:OT:RR:NC:N3:351

Mr. Craig P. Haley
Rontex America, Incorporated
One Caldwell Drive
Amherst, NH 03031

RE: The tariff classification of polyester staple fiber from China

Dear Mr. Haley:

In your letter dated November 22, 2011, you requested a tariff classification ruling.

You did not submit any samples with your letter. You describe the fibers as “Grade AA Polyester Staple Fiber,” 17 to 20 decitex (15 to 18 denier), solution-dyed, 2.5 to 3.75 inches in length, to be used in the manufacture of needlepunch/needlefelted carpets and related products, such as those used to line automobile trunks. You do not specifically state whether or not the fibers have been carded, but you imply that carding will be done after importation. You state that the fibers will not be spun, but “entangled together in a random fashion.”

The applicable subheading for the polyester staple fibers will be 5503.20.0065, Harmonized Tariff Schedule of the United States (HTSUS), which provides for synthetic staple fibers, not carded, combed, or otherwise processed for spinning: of polyesters…Other…Measuring 13.2 decitex or more. The rate of duty will be 4.3% 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 the World Wide Web at http://www.usitc.gov/tata/hts/.

You have asked whether this product is subject to antidumping duties. Written decisions regarding the scope of antidumping orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection. You can contact them at http://www.trade.gov/ia/ (click on “Contact Us”). For your information, you can view a list of current antidumping cases at the United States International Trade Commission website at http://www.usitc.gov (click on “Antidumping and Countervailing duty investigations”), and you can search antidumping deposit and liquidation messages using the AD/CVD Search tool at http://addcvd.cbp.gov/.

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 Mitchel Bayer at (646) 733-3102.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division