HQ 0087953 - NYRL 855277 revoked. Spunbonded fabric laminated to PVC sheeting is laminated fabric. - United States International Trade Commision Rulings

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HQ 087953

March 7, 1991

CLA-2 CO:R:C:T 087953 HP

CATEGORY: CLASSIFICATION

TARIFF NO.: 5603.00.3000

Mr. A.J. Spatarella
Kanematsu USA Inc.
400 Cottontail Lane
Somerset, NJ 08873

RE: NYRL 855277 revoked. Spunbonded fabric laminated to PVC sheeting is laminated fabric.

Dear Mr. Spatarella:

The merchandise at issue consists of a spunbonded fabric of man-made fiber construction, laminated to polyvinyl chloride (PVC) sheeting. We assume the textile is not present merely for reinforcing purposes. On August 29, 1990, our New York office issued you NYRL 855277, classifying this ceramic sound insulating material under subheading 5603.00.9070, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), as other nonwovens, whether or not impregnated, coated or covered. Based upon our review of this matter, we are now of the opinion since the nonwoven fabric and plastics are joined via a laminating process, rather than coated or covered, classification under subheading 5603.00.3000, HTSUSA, as laminated fabrics other than floor covering underlays, is more appropriate. NYRL 855277 is therefore revoked.

Merchandise from Japan classified under this subheading is dutiable at the higher rate of 16 percent ad valorem. The textile category designation remains 223.

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 negotiations 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 issuance of the U.S. Customs Service, which is updated weekly and is available at your local Customs office.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, you should contact your local Customs office prior to importing the merchandise to determine the current status of any import restraints or requirements.

In order to insure uniformity in Customs classification of this merchandise and eliminate uncertainty, we are revoking NYRL 855277 to reflect the above classification effective with the date of this letter. However, if you disagree with the legal basis for our decision, we invite you to submit, either for yourself or on behalf of your client, any arguments you might have with respect to this matter for our review. Any submission you wish to make should be received within 30 days of the date of this letter.

This notice to you should therefore be considered a revocation of NYRL 855277 of August 29, 1990, under 19 C.F.R. 177.9(d)(1) (1989). It is not to be applied retroactively to NYRL 855277 (19 C.F.R. 177.9(d)(2) (1989)) and will not, therefore, affect the transaction for the importation of your merchandise under that ruling. However, for the purposes of future transactions in merchandise of this type, including that for which the present classification is requested, NYRL 855277 will not be valid precedent. We recognize that pending transactions may be adversely affected by this revocation, in that current contracts for importations arriving at a port subsequent to the release of HRL 087953 will be classified under the new ruling. If such a situation arises, you may, at your discretion, notify this office and apply for relief from the binding effects of the new ruling as may be dictated by the circumstances. However, please be advised that in some instances involving import restraints, such relief may require separate approvals from other government agencies.

Sincerely,

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