CLA-2-60:OT:RR:NC:TA:352
Mr. Crispin N. Flores
C & J Logistical Services, Inc.
9103 South Austin Drive
Pharr, TX 78577
RE: The tariff classification of a polyester stitch-bonded fabric from China or Taiwan
Dear Mr. Flores:
In your letter dated April 28, 2010, on behalf of Polytech Supply, LLC, you requested a tariff classification ruling.
The submitted sample is identified as White Fabric. It is described as a stitch-bond non-woven fabric composed of 100% polyester, weighing 75 g/m2. The fabric is characterized by rows of textile stitching along the length of the fabric. Most of these yarns are white, except for four double rows stitched with blue yarns. You state that the width and length of the rolls varies. The sample provided is approximately 40 inches in width: therefore, for the purposes of this ruling we will assume that the width of the imported fabric will exceed 30 centimeters. Your correspondence indicates that this fabric will be used as roofing material.
While you suggest possible classification in tariff subheading 5603.13.0090, this is not correct. Some non-woven stitch-bonded fabrics are classified in subheading 5602.10, which provides for: Felt, whether or not impregnated, coated, covered or laminated: Needleloom felt and stitch-bonded fiber fabrics. As explained in the Explanatory Notes to the Harmonized System for heading 56.02, this provision covers “those stitch-bonded fabrics the essential feature of which is that they consist of a web of textile fibres the cohesion of which has been enhanced by picking up fibres from the web itself, and not by means of textile yarns.” However, the instant merchandise has been stitch-bonded by means of chain stitches formed by textile yarns, which is specifically included in Chapter 60, according to the Explanatory Notes for that chapter.
The applicable subheading for the product called White Fabric will be 6005.33.0020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for warp knit fabrics (including those made on galloon knitting machines), other than those of headings 6001 to 6004: of synthetic fibers: of yarns of different colors, other:. The rate of duty will be 10%.
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 Maribeth Dunajski at (646) 733-3045.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division