CLA-2-58:OT:RR:NC:N3:350
Ms. Norma Diaz CHB
ED Group & TFS Brokers, Inc.
8502 Killam Industrial Boulevard
Laredo, TX 78045
RE: The tariff classification of a polyester tubular braided protective sleeve from Mexico
Dear Ms. Diaz:
In your letter dated November 12, 2014, you requested a tariff classification ruling on behalf of Vitrica S.A. de C.V., Mexico, DF. Two samples were provided.
VitriFlexTM Product Code FR (Polyester Flame Retardant) / Self-fitting Protective Oversleeve Product is a flexible lightweight tubular braid without a core, said to be composed of polyester monofilament. The monofilaments measure under one millimeter in cross-section and therefore meet the definition of textile as found in Note 1(g) to Section XI. According to the literature provided, this tubular braid is used to protect cable assemblies, hoses and wire harnesses from chafing, cutting and abrasion. Applications include automotive, marine, aviation, wire harness and electronics. The product is available in nominal sizes of 1/8 inch to 2 inches in diameter, and is supplied on spools, in lengths of 25 to 100 feet; cut lengths are also available.
In your submission you suggest classification as a textile article for technical use under 5911.90.0080, Harmonized Tariff Schedule of the United States (HTSUS). You cite New York Ruling 890332 (September 20, 1993), noting changes in technology since that ruling was written. However, this product is not a textile fabric or article of the type specified in Note 7 to Chapter 59, reproduced below:
7. Heading 5911 applies to the following goods, which do not fall in any other heading of section XI:
(a) Textile products in the piece, cut to length or simply cut to rectangular (including square) shape (other than those having the character of the products of headings 5908 to 5910), the following only:
(i) Textile fabrics, felt and felt-lined woven fabrics, coated, covered or laminated with rubber, leather or other material, of a kind used for card clothing, and similar fabrics of a kind used for other technical purposes, including narrow fabrics made of velvet impregnated with rubber, for covering weaving spindles (weaving beams);
(ii) Bolting cloth;
(iii) Straining cloth of a kind used in oil presses or the like, of textile material or of human hair;
(iv) Flat woven textile fabrics with multiple warp or weft, whether or not felted, impregnated or coated, of a kind used in machinery or for other technical purposes;
(v) Textile fabric reinforced with metal, of a kind used for technical purposes;
(vi) Cords, braids and the like, whether or not coated, impregnated or reinforced with metal, of a kind used in industry as packing or lubricating materials;
(b) Textile articles (other than those of headings 5908 to 5910) of a kind used for technical purposes (for example, textile fabrics and felts, endless or fitted with linking devices, of a kind used in papermaking or similar machines (for example, for pulp or asbestos-cement), gaskets, washers, polishing discs and other machinery parts).
The applicable subheading for VitriFlexTM Product Code FR / Self-fitting Protective Oversleeve Product will be 5808.10.7000, HTSUS, which provides for Braids in the piece … Of cotton or man-made fibers. The rate of duty will be 7.4 percent 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 World Wide Web at http://www.usitc.gov/tata/hts/.
The samples will be retained in our official case file.
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.
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 Maribeth Dunajski at [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division