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NY 890971



October 6, 1993

CLA-2-56:S:N:N6:350 890971

CATEGORY: CLASSIFICATION

TARIFF NO.: 5602.10.9090; 5603.00.9090

Mr. Bob Stankiewicz
Frank W. Winne & Son, Inc.
44 North Front Street
Philadelphia, PA 19106

RE: The tariff classification of sisal mattress pads, from Brazil.

Dear Mr. Stankiewicz:

In your letter dated September 1, 1993, you requested a tariff classification ruling.

No sample was submitted, however you indicate that the sisal pads you refer to have been previously ruled upon under the prior tariff (TSUS) in what was heading A355.0400. That provision was for webs, wadding, batting and nonwoven fabric... of vegetable fibers. These pads, which are used to make mattresses, are imported in rectangles in the usual standard mattress sizes. They may be made solely of sisal textile fibers or further impregnated with a rubber latex binder. Under the language of the new tariff, i.e., the Harmonized Tariff Schedules of January 1989, such merchandise is no longer classified according to the component fiber in chief value. Instead, it is the method of construction that bears more importance.

Therefore, such pads, if manufactured in a needling operation without any binder, would probably be classified under subheading 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 rate of duty is 12.5 percent ad valorem.

If these pads, however, have been impregnated with a binder, such as a rubber latex, they would then be properly classifiable in HTS item 5603.00.9090, which provides for nonwovens, whether or not impregnated, coated, covered or laminated, of staple fibers. The rate of duty would also be 12.5 percent ad valorem.

This merchandise, if classifiable in either of the subheadings indicated above, falls within textile category designation 223. Based upon international textile trade agreements, products of Brazil are subject to a visa requirement.

Due to the changeable nature of these agreements you are advised to contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

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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