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NY 884667



April 13, 1993

CLA-2-56:S:N:N6:350 884667

CATEGORY: CLASSIFICATION

TARIFF NO.: 5602 10.9090; 560300.9050

Mr. Maurice J. Deslauriers
John V. Carr & Son Inc.
One Emery Drive
P.O. Box 149
Norton, VT 05907

RE: The tariff classification of five felt/nonwoven fabrics, from Canada.

Dear Mr. Deslauriers:

In your letter dated March 29, 1993, on k half of Texel Inc., you requested a tariff classification ruling.

Five representative samples were submitted. Each sample has a quality number which we believe refers to approximate weights in grams per square meter. We note per a recent telephone conversation with your office that the country of origin is, indeed, Canada. The five items are described as follows:

1) Blacktex 200 White-Plain-Calendered. 100% polyester needle punched fabric measuring 1.5mm in thickness. End use is for the shoe industry.

2) 200g AC-PE K15-HS. 85% Acrylic/15% Polyester needle punched fabric measuring about 2mm in thickness, heatset and glazed on both sides . End use is as a filler in the shoe industry.

3) 370g K15-HY-2 Black. 100% polyester needle punched fabric measuring 3mm in thickness, heatset and glazed on both sides. End use is for weatherstripping.

4) 470g K6-HY-2 Black. 100* polyester needle punched fabric measuring about 3mm in thickness, heatset and glazed on both sides. End use is for weatherstripping.

5) Unitex 875 Dark Grey. 100% nonwoven needle punched fabric measuring about 6mm in thickness which has been fully impregnated with a polyvinylic acetate plastics material. End use is for blackboard erasers.

The applicable subheading for the items 1-4 will be 5602.10.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for needle loom felt and stitch-bonded fiber fabrics, of other than wool or fine animal hair. The duty rate will be 12.5 percent ad valorem.

The applicable subheading for item 5 ( because it has been fully impregnated with the polyvinylic acetates) will be 5603.00.9050, HTS, which provides for ... other nonwovens, whether or not impregnated, coated or covered, obtained by mechanical entanglement, of staple fibers. The duty rate is also 12.5 percent ad valorem.

Goods classifiable under either subheading 5602.10.9090, HTS, or 5603.00.9050, HTS, which have originated in the territory of Canada, will be entitled to a 6.2 percent ad valorem rate of duty under the United States Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations

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
New York Seaport

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