CLA-2-54:OT:RR:NC:N3:350
Ms. Sabina Stefanowska
Westech Group, Ltd.
1203 Leewood Drive
Oakville, Ontario L6M 3B3
Canada
RE: The tariff classification of one woven and one nonwoven textile fabric from India
Dear Ms. Stefanowska:
In your letter dated October 6, 2014, you requested a tariff classification ruling. Two samples were submitted with your ruling request.
The first sample is designated Product Code P10027, scrim fabric. According to your initial submission and subsequent contact, this fabric is composed wholly of polyester yarns, is of plain weave construction and contains a heat sealed selvage. U.S. Customs and Border Protection (CBP) laboratory analysis has determined that this bleached fabric, of other than plain, twill or satin weave construction, is composed of 1-ply non-textured filament yarns in the warp direction and 2-ply non-textured filament yarns in the filling direction. The average tenacity of the 1 ply warp yarns was tested to be 76 cN/tex; the average tenacity of the 2 ply filling yarns was tested to be 68 cN/tex, thus meeting the following definition of high tenacity yarn, found in Note 6 to Section XI of the Harmonized Tariff Schedule of the United States (HTSUS):
Single yarn of nylon or other polyamides, or of polyesters ………………….... 60 cN/tex Multiple (folded) or cabled yarn of nylon or other polyamides, or of polyesters. 53 cN/tex Single multiple (folded) or cabled yarn of viscose rayon……………………….. 27 cN/tex
The finished woven scrim fabric will be sold in rolls, in a width of 206 centimeters and a length of 400 meters, and weighs 475.15 g/m2. Your letter states that the scrim fabric will be made in India and will be imported into the United States to produce a felt fabric by covering the scrim with fibers and then needlepunching, which will then be used to manufacture conveyor belts.
The applicable subheading for Product Code P10027, scrim fabric, will be 5407.10.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404, woven fabrics obtained from high tenacity yarn of nylon or other polyamides or of polyesters, other. The duty rate will be 13.6 % ad valorem.
The second sample is designated Product Code FF103, nonwoven fabric. According to your initial submission and subsequent contact, this fabric is composed of 60% polyester yarns and 40% polyester fibers, and has a heat-sealed selvage. CBP lab analysis finds that this is a three layer needleloom felt textile fabric composed wholly of polyester, weighing 818.3 g/m2. The top and bottom layers are webs of man-made synthetic staple fibers; the middle layer is woven of synthetic filament yarns. The woven textile base is completely hidden by the fiber web layers. The three layers have been bonded by needlepunching; there is no evidence of any chemical, thermal or mechanical bonding. The fabric does not have an application of any type of rubber/plastic. Your correspondence indicates that the rolls of fabric will be imported in a width of 206 centimeters and length of 400 meters, and will be used to manufacture conveyor belts in the United States.
The applicable subheading for Product Code FF103, nonwoven fabric, will be 5602.10.9090, HTSUS, which provides for felt, whether or not impregnated, coated, covered or laminated: needleloom felt and stitch-bonded fabrics: other, other. The duty rate will be 10.6% 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 provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
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.
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 maribeth.dunajski @ cbp.dhs.gov.
Sincerely,
Deborah Marinucci
Acting Director
National Commodity Specialist Division