NY 0852696 - The tariff classification of glass fiber triaxial scrim from Japan. - United States International Trade Commision Rulings

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NY 852696

JUN 11 1990

CLA-2-70:S:N:N3H:352 852696

CATEGORY: CLASSIFICATION

TARIFF NO.: 7019.20.2000

Mr. Matthew Chang
C. Itoh & Co. (America) Inc.
335 Madison Avenue
New York, New York 10017

RE: The tariff classification of glass fiber triaxial scrim from Japan.

Dear Mr. Chang:

In your letter dated May 16, 1990 you requested a classification ruling.

The submitted samples are both glass fiber triaxial scrims which will be used to reinforce construction material such as wallboard. Their construction features parallel layers of glass fiber yarns superimposed on each other at acute angles. These layers are bonded at the intersections of the glass fiber yarns by use of an acrylic resin. The samples vary as to the density of yarns present per unit area. Your correspondence indicates that the glass fiber yarns represent approximately 87% by weight of the scrim while the acrylic resin bonding material comprises approximately 13% by weight of the scrim.

Your letter suggests that you believe that this product may be classifiable in Chapter 56 of the Harmonized Tariff Schedules as a nonwoven textile material. This is not correct. Note 1(r) of Section XI excludes from the textile section glass fibers and articles of glass fibers. It is therefore clear that these products cannot be classified in Chapter 56, but must be classified in Chapter 70. Since there is no definition of what constitutes a woven fabric in Chapter 70, we have sought guidance from the treatment of this product in Section XI where woven fabrics are defined. Note 9 to Section XI describes the construction of his product precisely and instructs that it is classifiable as a woven fabric.

The applicable subheading for both glass fiber triaxial scrims will be 7019.20.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for glass fibers (including glass wool) and articles thereof (for example, yarn, woven fabrics), woven fabrics, including narrow fabrics, other, not colored. The duty rate will be 8.3 percent ad valorem.

Both samples of triaxial glass fiber scrim fall within textile category designation 622. Based upon international textile trade agreements, products of Japan are subject to visa requirements and quota restraints.

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, 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 Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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