CLA-2-56:RR:NC:TA:350 D81834
Mr. Bennett Johnson
Nissin Customs Service, Inc.
1580 West Carson Street
Long Beach, CA 90810
RE: The tariff classification of nonwoven imitation suede
upholstery fabric, from Japan.
Dear Mr. Johnson:
In your letter dated August 18, 1998, on behalf of Sincol of
America Inc., Pomona, CA, you requested a classification ruling.
The shipper is Shinko co., Ltd., Osaka, Japan.
The nonwoven fabric is made from very fine, 0.1 denier, staple
polyester fibers. The web is built up using high pressure water
jets ( hydro entangled ) and further bonded with liquid
polyurethane to enhance the elasticity of the material. The
material undergoes further dying and finishing processes. The
finished total weight of the fabric is given as 275 g/mý comprised
of 247.5 g/mý polyester fiber and 27.5 g/mý polyurethane. The
fabric, about 1 mm thick, will be imported in 140 cm wide rolled
sheets of 30 meter lengths.
You suggest classification under 5603.14.9090 as a nonwoven
fabric and request duty free consideration under Temporary Tariff
Modification subheading 9907.56.01. The 9907 provision provides
for "nonwoven fiber sheet." This is a very specific product
provision with exacting specifications spelled out in Section XXII,
Subchapter VII. U.S. Note 2. One of the specifications for this
fiber sheet is that the polyester fibers are 1.5 to 3.0 denier.
Since the denier of the fibers in the subject material are 0.1 the
upholstery material does not qualify for consideration under 9907.
Since the material is made from "cut fiber" (staple length not
filament), the applicable subheading for the material will be
5603.94.9010, Harmonized Tariff Schedule of the United States
(HTS), which provides for nonwovens, whether or not impregnated,
coated, covered or laminated, of other than filaments, weighing
more than 150 g/mý, ... imitation suede. The duty rate will be 2.5
percent ad valorem.
This merchandise falls within textile category designation
223. Based upon international textile trade agreements products of
Japan 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. 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 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 George Barth at 212-466-5884.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division