CLA-2-56:RR:NC:TA:350 D84620
Mr. Maurice J. Deslauriers
AEI Customs Brokerage Services
U.S. Customs Complex
Massena, NY 13662
RE: The tariff classification and status under the North
American Free Trade Agreement (NAFTA), of needle felt for
use in heap leaching systems in the mining industry, from
Canada; Article 509.
Dear Mr. Deslauriers:
In your letter dated November 3, 1998 which was pursuant to
your earlier correspondence of October 2nd, which lacked certain
important information, you requested a ruling on the status of
certain needle felt material from Canada under the NAFTA. This
ruling is on behalf of your client, Texel Inc., of Quebec,
Canada.
The instant sample consists of needleloom felt material
containing one inch wide plastic tubes which have been inserted
and spaced across the width of such material.
Specifically, polypropylene man-made staple fibers, fine
plastic "netting" and drip tape or tubes (T TAPE TSX ) which
are all of United States origin, are shipped to Canada for
manufacture into the needle felt material which will ultimately
be imported back into the United States. While you have supplied
two certificates of origin; one for the polypropylene fibers and
the other for the netting, your correspondence indicates that the
plastic tubes are also of U.S. origin.
The material is produced as follows: The polypropylene man-made fibers are needle punched into the fine plastic "netting" of
approximately 5/8 x 3/4 inch mesh. At the time of the
manufacture of the web, somewhat flattened, one inch wide plastic
tubes are inserted and spaced across the width of the material
during the needling manufacturing process. These drip tubes are
considered to be an entirety with the needleloom felt material,
and, we note that such tape or tubing is shipped to Canada from
the United States in 4,500 foot rolls. The leaching systems
material will be imported in two sizes: 16 x 150 and 16 x 200
feet, respectively.
The applicable tariff provision for the product will be
5602.10.9090, Harmonized Tariff Schedule of the United States
Annotated (HTSUSA), which provides for ... needleloom felt and
stitch-bonded fiber fabrics, not laminated, ... of other than
wool or fine animal hair. The general rate of duty will be 11.7
percent ad valorem.
This merchandise, being produced entirely in the territory
of of Canada, Mexico and/or the United States exclusively from
originating materials will meet the requirements of HTSUSA
General Note 12(b)(iii), and will, therefore, be entitled to a
Free rate of duty under the NAFTA upon compliance with all
applicable laws, regulations, and agreements.
This ruling is being issued under the provisions of Part 181
of the Customs Regulations (19 C.F.R. 181).
This ruling letter is binding only as to the party to whom
it is issued and may be relied on only by that party.
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