CLA-2-56:OT:RR:NC:N3:350
Ms. Tasha Ekman
Alpha ProTech Engineered Products, Inc.
301 South Blanchard Street
Valdosta, GA 31601
RE: The tariff classification of nonwoven breathable house wrap from China
Dear Ms. Ekman:
In your letter dated November 15, 2022, you requested a tariff classification ruling. Samples were provided to this office.
The product, described as “breathable house wrap” in email correspondence subsequent to your initial request, is a nonwoven fabric of two layers of spun bond polypropylene with a layer of polyethylene film and calcium carbonate added in between. The nonwoven fabric weighs 100 g/m2, will be imported into the United States in various widths and colors and will be principally used for house wrap. In subsequent correspondence you indicated that the nonwoven is constructed of staple fibers and the calcium carbonate enhances the ability of the fabric to “breathe.”
You suggested that breathable house wrap is classified under subheading 5603.13.00, Harmonized Tariff Schedule of the United States (“HTSUS”), which provides for nonwovens of man-made filaments. However, the suggested subheading is not applicable, as you indicated that the breathable house wrap is composed of staple fibers.
The applicable subheading for the “breathable house wrap” will be 5603.93.0010, 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… Impregnated, coated or covered with material other than or in addition to rubber, plastics, wood pulp or glass fibers; imitation suede.” The rate of duty will be Free.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 5603.93.0010, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to subheading 5603.93.0010, HTSUS, listed above.
The tariff is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Notice cited above and the applicable Chapter 99 subheading.
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 https://hts.usitc.gov/current.
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 submit a new ruling request. 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 Michael Capanna via email at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division