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NY 809930




May 19, 1995

CLA-2-56:S:N:N6:350 809930

CATEGORY: CLASSIFICATION

TARIFF NO.: 5602.10.9090; 5603.00.3000; 6002.43.0080

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

RE: The tariff classification of five textile fabrics having various constructions, from Canada.

Dear Mr. Deslauriers:

In your letter dated April 28, 1995, on behalf of Texel, Canada, you requested a tariff classification ruling.

Five representative samples were submitted. The first item, (1) style Drilex - LY - 125g Thermax/200g Thermolite, consists of a polyester/nylon man-made fiber warp knit fabric (green) that has been laminated to a two layer needleloom felt (white). The polyester/nylon knit material has been brushed on the outer surface to create a pile like effect. The overall material measures about 1/4" in thickness and is for use in the footwear industry. The felt and knit portions both impart equally to the essential character of the item.

The second item, (2) style 650 Hard duotex tan + 4800 Poron Deerskin, consists of a rather stiff needleloom felt measuring about 3/16" in thickness. The material consists of a 100% open cell polyurethane plastic layer (Poron) that has been sandwiched between two polyester man-made fiber layers which has all been needled together. An acrylic plastics resin has also been added which impregnates the material. This material has application in the footwear industry. .

The third item, (3) style Agro-Flow, consists of a nonwoven fabric composed of 100% polypropylene man-made fibers that has been laminated to a polyethylene plastic grid having a diamond pattern. The material measures and about a 3/16" mesh size and is for use in drainage.

The fourth item, (4) style Arbotex, consists of a needleloom felt composed of a 70% polyester/30% polypropylene man-made fiber blend. This material is designed as a winter protection cover for trees and shrubs.

The fifth and final item, (5) style Arbotex combined, consists of a nonwoven fabric composed of a 70% polyester/30% polypropylene man-made fiber blend that has been laminated on one side with a diamond patterned plastic grid composed of polyethylene plastic. This grid has a mesh size of approximately 2". This material is also designed as a winter protection cover for trees and shrubs.

The applicable tariff provision for item (1) will be 6002.43.0080, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other fabrics, warp knit ... of man-made fibers. The general rate of duty will be 13.6 percent ad valorem.

The applicable subheading for items (2) and (4) 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 general rate of duty is 12.3 percent ad valorem.

The applicable subheading for items (3) and (5) will be 5603.00.3000, HTS, which provides for nonwovens, ... laminated fabrics. The general rate of duty is 10 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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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