CLA-2-56:S:N:N3H:350 860534
Mr. Stephen M. Johnson
Bitic of California
1411 Harbor Bay Parkway, Suite 2008
Alameda, CA 94501
RE: The tariff classification of asphalt or bitumen
waterproofing products with textile components for use in roofs,
basements, bridges and tunnels, etc., from China.
Dear Mr. Johnson:
In your letter dated February 5, 1991, you requested a
classification ruling.
Three representative samples were submitted with the various
weights of the component materials expresed in what we will
assume is grams per square meter. The first item (J300DD-s/s)
consists of a woven jute carrier substrate (300g/sq./mtr.) that
has been impregnated on both sides with a high and low softening
point bitumen (1850g/sq./mtr.) and uniformly covered on both
surfaces with mineral granules weighing 500g/sq./mtr. The second
item (PYE-PV250S5-g/f) is composed of a needleloom felted
polyester mat (250g/sq./mtr.) that has been impregnated on both
sides with an SBS-polymerized bitumen (5000g/sq./mtr.), uniformly
surfaced on the weather side with mineral scales (1500g/sq./mtr.)
and on the contact side with a silicon membrane (15g/sq./mtr.).
The third and final item (180KSK-PV20F) also consists of a
needleloom felted polyester mat (180g/sq./mtr.) that has been
coated and impregnated on both sides with a low softening point
bitumen as well as a KSK cold self-adhesive SBS-polymerized
bitumen (2,090g/sq./mtr.), uniformly surfaced on the weather side
with mineral granules (300g/sq./mtr.) and covered on the contact
side with a protective kraft paper weighing (100g/sq./mtr.).
The applicable subheading for the first item (J300DD-s/s)
will be 5907.00.9010, Harmonized Tariff Schedule of the United
States (HTS), which provides for textile fabrics otherwise
impregnated, coated or covered, of vegetable fibers, except
cotton. The duty rate will be 5.8 percent ad valorem. The
remaining two items (PYE-PV250S5-g/f and 180KSK-PV20F) are both
classifiable under item 5602.10.9090, HTS, which provides for
needleloom felt, whether or not impregnated, coated, covered or
laminated. The duty rate is 12.5 percent ad valorem.
Style J300DD-s/s falls within textile category designation
810. Based upon international textile trade agreements such
products of China are subject to a visa requirement. Styles PYE-
PV250S5-g/f and 180KSK-PV20F fall under textile category
designation number 223 and, as such, are subject to quota and the
requirement of a visa.
The designated textile and apparel categories may be
subdivided into parts. If so, visa and quota requirements
applicable to the subject merchandise may be affected. Since
part categories are the result of international bilateral
agreements which are subject to frequent renegotiations and
changes, to obtain the most current information available, we
suggest that you check, close to the time of shipment, the Status
Report on Current Import Quotas (Restraint Levels), an internal
issuance of the U.S. Customs Service, which is available for
inspection at your local Customs office.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport