CLA-2-56:OT:RR:NC:N3:350
Mr. Karl F. Kruger
Radix Group International dba
DHL Group Forwarding
2660 20thStreet
Port Huron, MI 48060
RE: The tariff classification of two nonwoven textile fabrics from Canada
Dear Mr. Kruger:
In your letter dated July 15, 2014, you requested a tariff classification ruling on behalf of your client Texel, a division of ADS Inc., Quebec, Canada. Two samples were submitted with your ruling request.
The first sample, dark grey in color, is designated Texel 035 HC. According to your submission, it is a polypropylene thermal bonded and heat calibrated nonwoven fabric made in Canada. Your letter states that the fabric is typically used in civil engineering (soil stabilization for construction of roadways, silt filtration, draining pipe filters, etc.) and in furniture applications (upholstered chairs, couches, mattress spring pockets, etc.). The manufacturing process is described as follows: polypropylene fibers are fed into a carding machine, fibers are combed out, pressed into a fluffy web and then mechanically bonded. The pre-bonded web is conveyed into an oven, where it is heat stretched to a temperature close to the melting point of the polypropylene fibers. Your correspondence indicates that the stretching and heating process increases the strength of the nonwoven fabric, which can be subjected to heat calendaring and calibrating to achieve adequate density and improve mechanical performances. The finished heat-treated fabric is imported on rolls, in lengths of 90 to 150 meters and widths of 3.5 meters to 5.2 meters, with an average weight of 100-800 g/m2.
U.S. Customs & Border Protection (CBP) laboratory analysis indicates that this is a nonwoven textile fabric composed of a single web of man-made synthetic staple fibers and weighs 119.6 g/m2. The fabric does not have an application of any kind of substance on the exterior surfaces. The web fibers have been bonded together by thermal/mechanical bonding and there is no evidence of needle-punching.
The applicable subheading for Texel 035 HC, in the weight of the sample provided, will be 5603.93.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for nonwovens, whether or not impregnated, coated, covered or laminated: other: weighing more than 70 g/m2 but not more than 150 g/m2. The duty rate will be Free.
The second sample, black in color, is designated Texel 900 PEPP BK HLF. According to your submission, it is a heat bonded nonwoven fabric made in Canada, composed of a blend of polyester fibers and binder fibers made of polypropylene. Your letter states that the fabric is typically used in the automotive industry: the finished material can be used in the construction of seals and gaskets or can be put onto a mold and shaped into an auto part. In addition, this textile material is designed to be compression molded into a porous air intake duct to be used for sound deadening of air flow in automobiles. The manufacturing process is described as follows: a blend of polyester and binder fibers made of polypropylene are carded into a fluffy web and then mechanically bonded. The pre-bonded web is unrolled and pulled through an oven, where the polypropylene binder and non-melting polyester fibers are thermo bonded, which now forms molten spots at the intersection of both fibers. Your correspondence indicates that the thermo-bonded nonwoven fabric can be subject to impregnation and squeezing by a latex binder in order to impart water repelling characteristics to the finished gasket or formed pieces mentioned above. The finished thermo-bonded nonwoven fabric is imported on rolls, in lengths of 50 to 100 meters and widths of 0.4 meters to 1.83 meters, with an average weight of 900-1200 g/m2.
CBP laboratory analysis indicates that this fabric is composed of a single web of man-made synthetic staple fibers, is of nonwoven construction and weighs 853.8 g/m2. The fabric does not have an application of any kind of substance on the exterior surfaces. CBP laboratory analysis has determined that the web fibers have been bonded together by a chemical bonding method, and has also been subjected to a needle-punching process.
The applicable subheading for Texel 900 PEPP BK HLF (color black) will be 5603.94.9030, HTSUS, which provides for nonwovens, whether or not impregnated, coated, covered or laminated: other: weighing 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).
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 at maribeth.dunajski @ cbp.dhs.gov.
Sincerely,
Gwenn K. Kirschner
Director
National Commodity Specialist Division