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HQ 088537




May 23, 1991

CLA-2 CO:R:C:T 088537 PR

CATEGORY: CLASSIFICATION

TARIFF NO.: 5602.10.9090

District Director of Customs
P.O. Box 3130
Laredo, Texas 78044-3130

RE: Request for Internal Advice No. 71/90; Classification of a Nonwoven Textile Product--Felt or Floor Covering Underlay

Dear Sir:

This is in reply to a Request for Internal Advice initiated by Victor A. Cavazos, concerning the classification of certain nonwoven material. Our ruling on the matter follows.

FACTS:

Two samples were submitted. Sample B is representative of the imported merchandise. It consists of two layers of relatively thick webs of reclaimed synthetic man-made staple fibers. These two webs have been needled together into a single compact fabric. Sample A appears to be representative of one of the web layers forming the imported merchandise. It has little cohesiveness and, unlike the final product, pulls apart easily.

ISSUE:

The merchandise was entered under a provision for nonwoven floor covering underlays, in subheading 6303.00.1090, Harmonized Tariff Schedule of the United States Annotated (HTSUSA). The classifying Customs officer believes that the merchandise is properly classifiable under the provision for other needleloomed felts in subheading 5602.10.9090, HTSUSA.

LAW AND ANALYSIS:

Imported goods are classifiable according to the General Rules of Interpretation (GRI's) of the Harmonized Tariff Schedule of the United States (HTSUSA). In this instance, GRI 1 determines the classification of the subject merchandise. GRI 1 provides that for legal purposes, classification shall be determined according to the terms of the headings in the tariff and according to any pertinent section or chapter notes.

According to The Harmonized Commodity Description and Coding System, Explanatory Notes, which are the official interpretation of the HTSUSA at the international level (for the 4 digit headings and the 6 digit subheadings), there is more than one method that may be used in making felts. Needleloom felts which are produced "by punching a sheet or web of textile staple fibers (natural or man-made), without a textile fabric base, with notched needles" are specifically stated to be includable under Heading 5602. (at page 774)

The merchandise is not classifiable under Heading 5603, which provides for nonwovens, whether or not impregnated, coated, covered or laminated, because the tariff categorizes felts and nonwovens as two distinct types of products. In this regard, we note legal Note 3 to Chapter 56, HTSUSA, provides that "Headings Nos. 56.02 and 56.03 cover respectively felt and nonwovens."

While the subject merchandise is described by both the legal note and the Explanatory Notes as "felt", the Explanatory Notes clearly preclude the classification of this type of merchandise as a nonwoven of Heading 5603. The Explanatory Notes state (on page 775) that nonwovens classifiable under Heading 5603 are only those needled products which are (1) filament-based webs; or (2) staple fiber webs where the needling is complementary to other types of bonding. In this instance, the merchandise consists of staple fibers and the needling is the primary, if not the only, bonding method.

HOLDING:

The subject merchandise is classifiable as felt in subheading 5602.10.9090, HTSUSA. The inquirer should be furnished with a copy of this decision.

Sincerely,

John Durant, Director

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