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NY 887064

May 27, 1993

CLA-2-56:S:N:N6:350 887064

CATEGORY: CLASSIFICATION

TARIFF NO.: 5602.10.9090

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 needleloom felt fabrics, from Canada.

Dear Mr. Deslauriers:

In your letter dated June 4, 1993, on behalf of Texel Inc., of St. Elzear, Quebec, Canada, you requested a tariff classification ruling.

While you requested the classification for five fabrics, only four representative samples were submitted. You provided the following technical information for the five materials and we note that the style numbers refer to the respective weights of the materials expressed in grams per square meter:

1) BACKTEX 200 PLAIN 100% polyester, non-calendered - white. Needlepunched only and for use in the shoe industry. The sample is about thick.

2) 625g NYPE HS WHITE 75% nylon/25% polyester needlepunched and
"heatsetted". The instant sample measures
3/10" thick and is for use in the manufacture of pads on a press machine.

3) 1010g NYPE HS WHITE This material is similar in construction and composition to #2, except that it is a thicker and heavier material.

4) 135g PE 100% polyester needlepunched. End use is for manufacture into dust masks or filter masks and not part of any filter apparatus. Measures about 1/10" thick and 4 ounces per square yard.

5) 100g PE This material is similar in construction to #4, except that it is thinner and lighter in weight. No sample was submitted.
The applicable subheading for the five materials will be 5602.10.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for needleloom felt and stitch-bonded fiber fabrics, of other than wool or fine animal hair. The duty rate will be 12.5 percent ad valorem.

Goods classifiable under subheading 5602.10.9090, HTS, which have originated in the territory of Canada, will be entitled to a 6.2 percent 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

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