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NY 893258




December 30, 1993

CLA-2-56:S:N:N6:350 893258

CATEGORY: CLASSIFICATION

TARIFF NO.: 5602.10.1000; 5602.10.9090

Mr. Maurice Deslauriers
John V. Carr & Son Inc.
6 Maple Street
P.O. Box 307
Derby Line, VT 05830

RE: The tariff classification of four needleloom felt fabrics from Canada.

Dear Mr. Deslauriers:

In your letter dated December 7, 1993, on behalf of Texel Inc., St. Elzear, Quebec, you requested a tariff classification ruling.

Four representative samples were submitted. The first item (1615g Filler felt) consists of a needleloom felt composed of a 75% acrylic/25% polyester man-made fiber blend. The felt measures about 1/2" in thickness and is for use in the shoe industry.

The second item (2000g Filler felt) consists of a needleloom felt which is also composed of a 75% acrylic/25% polyester man- made fiber blend. It measures about 5/8" in thickness and is for use in the shoe industry.

The third item (R1408 270g White//470g Blue//R) consists of a needleloom felt consisting of two distinct layers that have been needled together and contains a polyethylene plastic film needled to one surface. This material measures about 3/16" in thickness and is also for use in the footwear industry. You provided the following technical specifications for this material:

Material: 270g White is 100% Polypropylene 470g Blue is 55% Wool
Polypropylene
13% Unknown fibers
R (Radiantex) is Polyethylene Film

The fourth and final item (R1745 335g White//1410g Blue//R) consists of a needleloom felt consisting of two distinct layers that have been needled together and contains a polyethylene plastic film needled to one surface. This material measures about 1/2" in thickness and has application in the footwear industry. The following technical specifications were provided:

Material: 335g White is 100% Polypropylene 1410g Blue is 55% Wool
32% Polypropylene
13% Unknown fibers
R (Radiantex) is Polyethylene Film

We consider the needling of the metallized plastic film to the textile portion to be a form of lamination. We presume that the "g" in the fabric descriptions refers to the weight of the respective materials in grams per square meter.

The applicable subheading for styles R1408 270g White//470g Blue//R and R1745 335g White//1410 Blue//R will be 5602.10.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for needleloom felt and stitch-bonded fiber fabrics, laminated fabrics. The duty rate will be 16 percent ad valorem.

The applicable subheading for styles 1615g Filler felt and 2000g Filler felt will be 5602.10.9090, HTS, which provides for needleloom felt and stitch-bonded fiber fabrics, of other than wool or fine animal hair. The rate of duty is 12.5 percent ad valorem.

Goods classifiable under subheadings 5602.10.1000 and 5602.10.9090, HTS, which have originated in the territory of Canada, and are imported on or prior to December 31, 1993, will be entitled to 8 and 6.2 percent rates of duty, respectively, under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations. Effective January 1, 1994, with the implementation of the North American Free Trade Agreement (NAFTA), preferential tariff treatment for goods under the FTA will be discontinued.

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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