CLA-2-54:OT:RR:NC:N3:352
Mr. Lance Laird
Leggett & Platt Global Services
5950 W. 51st Street
Chicago, IL 60638
RE: The tariff classification of two woven rubber and polypropylene fabrics from Italy
Dear Mr. Laird:
In your letter dated December 4, 2014, you requested a tariff classification ruling. Two samples accompanied your request.
Fabric Type Y Lexus 3/20, Part Numbers H20573 (18 inches/460 mm in width) and H20574 (22 inches/560 mm in width) are woven fabrics with woven selvages. According to your correspondence, these fabrics are manufactured by weaving polypropylene strips (called “raffia” and measuring approximately 1.5 to 2 mm in width) with yarns of different colors consisting of multifilament yarns and of yarns formed of polypropylene filaments wrapped around 3 rubber threads. Your letter gives an overall fabric composition of 38% polypropylene multifilament yarn, 12% polypropylene “raffia” and 50% natural rubber threads, with a fabric weight of 570 g/m2. Based on your original submission, subsequent correspondence, and the specification sheet provided, these fabrics will be imported in rolls measuring 14 to 30 inches (35 to 76 cm) in width and 165 feet (50 meters) in length. Your letter indicates that theses fabrics will be used in furniture manufacturing to support seat bottoms in items such as love seats, chairs and sofas.
In your correspondence, you suggest classification as woven fabric of textile strip under subheading 5407.20, Harmonized Tariff schedule of the United States (HTSUS). However, since the polypropylene filament predominates by weight, using Note 2(A) to Section XI of the HTSUS cited below, this fabric would be classified according to the polypropylene filaments.
“Goods classifiable in chapters 50 to 55 or in heading 5809 or 5902 and of a mixture of two or more textile materials are to be classified as if consisting wholly of that one textile material which predominates by weight over each other single textile material, which in this case is stated to be the polypropylene multifilament yarns.
When no one textile material predominates by weight, the goods are to be classified as if consisting wholly of that one textile material which is covered by the heading which occurs last in numerical order among those which equally merit consideration.”
The applicable subheading for Fabric Type Y Lexus 3/20, Part Numbers H20573 and H20574,
will be 5407.93.2090, HTSUS, which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404: other woven fabrics: of yarns of different colors: other: other, other, other. The rate of duty will be 12% 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/.
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 and may be reclassified by Customs at that time.
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