CLA-2-58:OT:RR:NC:N3:350
Mr. James F. Trubits
Mohawk Global Trade Advisors
4455 Genesee St., Suite 521
Buffalo, NY 14225
RE: The tariff classification of tubular narrow woven polyester sleeve from South Africa
Dear Mr. Trubits:
In your letter dated December 9, 2019 you requested a tariff classification ruling on behalf of Protective Industries Inc., DBA Caplugs. Two samples have been provided and will be retained for training purposes.
Styles HS-150 and HS-75, described as “multipurpose anti-abrasion side sleeves” are tubular narrow woven fabrics, approximately 24.2 centimeters (cm) and 12.5 cm in width, respectively, in a flattened state. The woven fabrics are said to be composed of polyester yarns.
According to the description you provided, the sleeves can be used “as abrasion protection for hydraulic hoses, against pin hole leakages, bundling of hoses, [or] to protect people from a nearby bursting hose.” The product is available in a variety of sizes and lengths, with internal diameter sizes ranging in size from 20 to 150 mm, and fabricated into sleeves in lengths of 100 meters.
In previous contact you suggested classification under 5911.90, Harmonized Tariff Schedule of the United States (HTSUS), as textile articles for technical use. However, this product is not a textile article as defined by Note 7 to Section XI, HTSUS, reproduced below:
7. For the purposes of this section, the expression "made up" means:
(a) Cut otherwise than into squares or rectangles;
(b) Produced in the finished state, ready for use (or merely needing separation by cutting dividing threads) without sewing or other working (for example, certain dusters, towels, tablecloths, scarf squares, blankets);
(c) Cut to size and with at least one heat-sealed edge with a visibly tapered or compressed border and the other edges treated as described in any other subparagraph of this note, but excluding fabrics the cut edges of which have been prevented from unraveling by hot cutting or by other simple means;
(d) Hemmed or with rolled edges, or with a knotted fringe at any of the edges, but excluding fabrics the cut edges of which have been prevented from unraveling by whipping or by other simple means;
(e) Cut to size and having undergone a process of drawn thread work;
(f) Assembled by sewing, gumming or otherwise (other than piece goods consisting of two or more lengths of identical material joined end to end and piece goods composed of two or more textiles assembled in layers, whether or not padded); or
(g) Knitted or crocheted to shape, whether presented as separate items or in the form of a number of items in the length.
These anti-abrasion sleeves are not produced in the finished state. Rather, they are woven in the piece, cut to length and subsequently imported in such condition. Therefore, they do not meet the definition of “made up.”
Additionally, this product does not meet the definitions of textile articles for technical use of the type specified in Note 7 to Chapter 59, HTSUS, reproduced below:
Heading 5911 applies to the following goods, which do not fall in any other heading of section XI:
Textile products in the piece, cut to length or simply cut to rectangular (including square) shape (other than those having the character of the products of headings 5908 to 5910), the following only:
(i) Textile fabrics, felt and felt-lined woven fabrics, coated, covered or laminated with rubber, leather or other material, of a kind used for card clothing, and similar fabrics of a kind used for other technical purposes, including narrow fabrics made of velvet impregnated with rubber, for
covering weaving spindles (weaving beams);
(ii) Bolting cloth;
(iii) Straining cloth of a kind used in oil presses or the like, of textile material or of human hair;
(iv) Flat woven textile fabrics with multiple warp or weft, whether or not felted, impregnated or coated, of a kind used in machinery or for other technical purposes;
(v) Textile fabric reinforced with metal, of a kind used for technical purposes;
(vi) Cords, braids and the like, whether or not coated, impregnated or reinforced with metal, of a kind used in industry as packing or lubricating materials;
(b) Textile articles (other than those of headings 5908 to 5910) of a kind used for technical purposes (for example, textile fabrics and felts, endless or fitted with linking devices, of a kind used in papermaking or similar machines (for example, for pulp or asbestos-cement), gaskets, washers, polishing discs and other machinery parts).
Note 5(b) to Chapter 58, HTSUS, sets forth the meaning of "narrow woven fabrics" as it pertains to the instant samples, specifically it states:
Tubular woven fabrics of a flattened width not exceeding 30 cm;
The Explanatory Notes (EN) further describe the requirements for the classification of narrow woven fabrics. Part (A)(3) of the EN for heading 5806, HTSUS, states in part:
Seamless tubular warp and weft fabrics, of a width when flattened, not exceeding 30 cm.
The products at issue are accurately described by the definition of narrow woven fabrics above, and would therefore be considered narrow woven fabrics for purposes of the HTSUS.
The applicable subheading for the style HS-150 and HS-75 will be 5806.32.2000, HTSUS, which provides for “Narrow woven fabrics, other than goods of heading 5807; […] Other woven fabrics: Of man-made fibers: Other.” The rate of duty will be 6.2 percent 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 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 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 Michael Capanna via email at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division