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HQ 088718

May 10, 1991

CLA-2 CO:R:C:T 088718 JS

CATEGORY: CLASSIFICATION

TARIFF NO.: 5704.10.0000; 5704.90.0000

Johnathan M. Fee
Grunfeld, Desiderio, Lebowitz
& Silverman
1201 West Peachtree Street, NE
Suite 4660
Atlanta, Georgia 30309

RE: Carpet and carpet tile; felt; needleloomed; needlepunched; classifiable heading 5704, HTSUSA.

Dear Mr. Fee:

This is in reference to your letter of January 24, 1991, on behalf of Vebe USA, Inc., requesting classification of carpet and carpet tile under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

FACTS:

The first sample is a swatch of finished carpet which is comprised of an upper surface made of polypropylene fiber, and an undersurface which has been impregnated with latex to form a backing.

Sample two is a carpet tile comprised of an upper surface made of polypropylene fiber impregnated with a latex backing, a thick middle layer of bitumen, and a thin bottom layer of polyester felt sheeting. These will be imported in precut squares, measuring .5 meter on each side. Both carpets are presently manufactured in the Netherlands.

You state that both styles are needlepunched or needleloomed felt and therefore fall under the provisions of 5704. Pictorial exhibits included with your request depict the manufacturing processes involved in the making of this merchandise. You state that the felt used to make the carpet and carpet tile is made of solution-dyed polypropylene fibers; that these fibers are placed

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in a webbing machine which forms them into a fleece; that the fleece is then compressed into a uniform thickness, fed into a needlepunch machine, and further compressed and interlocked to form a compact sheet of felt.

ISSUE:

What is the appropriate classification, under the HTSUSA, of carpet and carpet tile made of needlepunched felt.

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 in accordance with the terms of the headings and any relevant section or chapter notes.

Heading 5704, HTSUSA, provides for carpets and other textile floor coverings of felt. The Explanatory Notes, the official interpretation of the tariff at the international level, state that the heading includes

(1) Tiles, usually of felt of wool or other animal hair

(2) Textile floor coverings of needleloom felt, generally backed or impregnated on the underside with rubber or plastics in order to strengthen the products or give them anti-slip properties.

The note directs us to EN 56.02 for a description of the term "felt," which is defined as follows:

Felt is usually obtained by super imposing, one on the other, a number of layers of textile fibres (usually the laps as produced by carding or by air-laying,); these are then moistened (generally with steam or hot soapy water) and subjected to heavy pressure and a rubbing or beating action. This causes the fibres to interlock and produces sheets of even thickness, much more compact and difficult to disintegrate than wadding, and quite distinct from felted woven fabrics.

Felt is usually produced from wool or other animal hair, or from mixtures of these fibers with other natural fibres (e.g. vegetable fibres, horsehair) or with man-made fibres.

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Since the facts indicate that the present goods are made of felt which is needlepunched, and backed with a latex and/or bitumin/latex covering, the carpet and carpet tile at issue are properly classified under this heading. The staple fibers have been combined in a manner like that described above, subjected to heavy pressure, and evenly compressed into an interlocked sheet of fleece which is then needlepunched for design and texture.

HOLDING:

In view of the above, sample 1 is classified under heading 5704.90.0000, HTSUSA, which provides for carpets and other textile floor coverings, of felt, not tufted or flocked, whether or not made up: other, textile category 665, and dutiable at the rate of 5.3 percent ad valorem.

Sample 2, the carpet tile, is classified under heading 5704.10.0000, HTSUSA, which provides for carpets and other textile floor coverings, of felt, not tufted or flocked, whether or not made up: tiles, having a maximum surface area of 0.3 m2, textile category 665, dutiable at the rate of 5.3 percent ad valorem.

The designated textile and apparel category may be subdivided into parts. If so, the 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, to obtain the most current information available we suggest your client check, close 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 for inspection 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, your client should contact its local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

Sincerely,

John Durant, Director
Commercial Rulings Division

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