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NY A80559




February 29, 1996

CLA-2-56:RR:NC:TP:350 A80559

CATEGORY: CLASSIFICATION

TARIFF NO.: 5602.10.9090

Mr. Louis A. Drouin
Safico
Thor le Volant, P.O. Box 517
Port-au-Prince, Haiti

RE: The tariff classification of needleloom felt sisal pads for use in the production of mattresses, from Haiti.

Dear Mr. Drouin:

In your letter dated February 16, 1996 which was preceded by a letter of February 9, 1996 from the Embassy of the United States of America, you requested a classification ruling.

The subject merchandise, three representative samples of which were submitted, consist of needleloom felt pads measuring about 1/4" in overall thickness. These pads, which are made of sisal vegetable fibers, are constructed principally by a needling process. It is assumed that these pads will be imported in rectangular configurations approximating the various mattress sizes for which they are ultimately designated.

While your letter alludes to their possible classification as mattress components, we note that there is not any such provision in the current tariff schedules.

The applicable subheading for the pads 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 12.1 percent ad valorem.

While you request duty free consideration under the Caribbean Basin Economic Recovery Act (CBI), this would not be possible noting that the aforementioned tariff provision is not designated as being eligible under such Act. While Haiti is an eligible country within the Generalized System of Preferences for developing countries as well, the tariff provision under which this material is classified is also excluded from consideration therein.

Products eligible for duty free consideration under the CBI are designated in the Special column of the tariff with an "E" while those eligible for duty free status under the GSP are designated with an "A". We refer you to General notes 4(b)(c)(i) and 7. As a rule, most products of a textile nature are excluded from duty free status under these two special provisions in the tariff.

Accordingly, this merchandise falls within textile category designation 223. Based upon international textile trade agreements products of Haiti are subject to the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist George Barth at 212-466-5884.

Sincerely,

Roger J. Silvestri
Director

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