HQ 0087121 - Classification of non-woven fabrics - United States International Trade Commision Rulings

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HQ 087121

July 13, 1990

CLA-2 CO:R:C:G 087121 DRR

CATEGORY: CLASSIFICATION

TARIFF NO.: 5603.00.9070

Ms. Eva Kohout
International Products Company
P.O. Box 1431
Scranton, Pennsylvania 18501

RE: Classification of non-woven fabrics

Dear Ms. Kohout:

This is in response to your letter of May 10, 1990, in which you requested a tariff classification ruling, under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), for two samples of fabric.

FACTS:

The merchandise at issue is represented by two sample swatches of 100 percent polypropylene fibers of spunbonded, nonwoven construction, not coated. The samples differ in weight, one weighs 30 grams per square meter, the other weighs 70 grams per square meter. The fabrics will be imported from Brazil.

ISSUE:

What is the classification of the fabric in question.

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI), taken in order. GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes. Heading 5603 provides for nonwovens, whether or not impregnated, coated, covered or laminated. The samples in question are properly classified under this tariff provision.

HOLDING:

The fabrics in question are classified under subheading 5603.00.9070, HTSUSA, as nonwovens, whether or not impregnated, coated, covered or laminated, of filaments, with a duty rate of 12.5 percent ad valorem, and subject to textile visa category 223.

Due to the changeable nature of the statistical annotation and the restraint (quota/visa) categories applicable to textile merchandise, you should contact the local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, 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.

Sincerely,

John Durant, Director

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