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NY B80217




December 13, 1996

CLA-2-56:RR:NC:TP:350 B80217

CATEGORY: CLASSIFICATION

TARIFF NO.: 5603.94.9090

Mr. T.I. McCracken
R.J. McCracken & Son, Inc.
5345 44th Street, S.E.
Grand Rapids, MI 49512-4001

RE: The tariff classification of high loft nonwoven fabric for application in office wall dividers, from Korea.

Dear Mr. McCracken:

In your letter dated December 5, 1996, on behalf of Haworth Inc., Holland, MI, you requested a classification ruling. The manufacturer is Hwa Sung Co., Ltd., Korea.

The instant sample consists of a high loft nonwoven material composed of 100% polyester staple fibers. Your letter further describes the material as extruded, dry, nonsiliconized, fluffed and bonded. The material measures about 3/4" in thickness and will be imported in rolls measuring from 300 to 400 feet in length and having 24" to 72" widths. This material, which will be used in the construction of office wall dividers serves the primary purpose of acoustical reduction. This material was informally weighed by this office and was found to weigh approximately 152g/m2.

The applicable subheading for the material will be 5603.94.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for nonwovens, whether or not impregnated, coated, covered or laminated, weighing more than 150g/m2, ... of staple fibers. The duty rate will be 7.5 percent ad valorem.

This merchandise falls within textile category designation 223. Based upon international textile trade agreements products of Korea are subject to quota and 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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