CLA-2-56:OT:RR:NC:TA:350

Mr. James Ferry
Gallagher Transport Int’l, Inc.
PO Box 39005
4730 Oakland Street, #210
Denver, CO 80239

RE: The tariff classification of a nonwoven fabric, from China.

Dear Mr. Ferry:

In your letter dated September 23, 2009, on behalf of Keystone Sales Group Inc., you requested a tariff classification ruling.

The sample submitted, which was not identified as to style or quality number, consists of a nonwoven fabric which appears to be of a spunbonded (filaments) construction. You state that this material will be imported as roll goods and weighs 55 grams per square meter.

You suggest that classification is proper in tariff subheading 5603.92.0090, HTS, which provides for nonwovens, whether or not impregnated, coated, covered or laminated, of other than man-made filaments, weighing more than 25g/m² but not more than 70g/m². The rate of duty will be Free. Noting that this material appears to be of a spunbonded construction, by definition, it is composed of filament and not staple fibers.

Accordingly, the applicable subheading for the product will be 5603.12.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for nonwovens, whether or not impregnated, coated, covered or laminated, of man-made filaments, weighing more than 25g/m² but not more than 70g/m². The rate of duty 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).

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 Deborah Walsh at (646) 733-3044.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division