NY 813742 - The tariff classification and status under the North American Trade Agreement (NAFTA), of a nonwoven fabric for use in floor register filters and return air filters, from Canada; Article 509. - United States International Trade Commision Rulings

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NY 813742

September 5, 1995

CLA-2-56:S:N:N6:350 813742

CATEGORY: CLASSIFICATION

TARIFF NO.: 5603.00.9090

Mr. Richard G. Parke
Clipper Services (Richard G. Parke Ltd.)
511-11 Nisku Ab. T9E 7N5
Canada

RE: The tariff classification and status under the North American Trade Agreement (NAFTA), of a nonwoven fabric for use in floor register filters and return air filters, from Canada; Article 509.

Dear Mr. Parke:

In your letter dated August 4, 1995, you requested a tariff classification ruling.

In your correspondence, you indicate that raw polyester fibers of U.S. origin are shipped to Canada where they are lightly needled and saturated with a special binder which transforms them into 1/4" loft nonwoven fabrics. In this condition, they will be imported back to the United States cut into square or rectangular configurations as follows: 2 1/2" x 12" x 1/4" - 12" x 40" x 1/4". These cut pieces will be packaged in plastic bags with a content of between 1 to 12 pieces per bag. You further indicate that these materials may be packaged with an adhesive "Velcro" fastener which is considered to be an entirety with the package of filters. This "Velcro" is used to hold the filter material to the grills in such things as air registers as well as heating and cooling systems.

You suggest classification under 5911... as material or products for technical use. Since these items stand alone and are not used directly in conjunction with the function of machinery, they ar not considered to be of technical use.

The applicable subheading for the product, therefore, will be 5603.00.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for nonwovens, whether or not impregnated, coated, covered or laminated, of staple fibers. The general rate of duty will be 10 percent ad valorem.

The fabrics, being made entirely in the territory of Canada using materials which themselves were originating, will satisfy the requirements of HTUSA General Note 12 (b) (iii). The merchandise will therefore be entitled to a 3.7 percent rate of duty under the NAFTA upon compliance with all applicable laws, regulations and agreements.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

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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