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NY B82376




February 24, 1997

CLA-2-56:RR:NC:TA:350 B82376

CATEGORY: CLASSIFICATION

TARIFF NO.: 5602.10.9090

Mr. Thomas L. Collins
Loudon Unlimited, Inc.
7024 Staffordshire Blvd.
Houston, TX 77030

RE: The tariff classification of a shoddy pad, a needleloom felt, for use in the manufacture of mattress insulator pads, from Mexico.

Dear Mr. Collins:

In your letter dated January 29, 1997, you requested a tariff classification ruling. The manufacturer is Fieltros de Henequen, Yucatan, Mexico.

Two identical representative samples were submitted. They both consist of needleloom insulator pads measuring about 1/2" in overall thickness. They have been manufactured by needlepunching sisal fibers and rag waste through a plastic film base. While not specifically identified in your letter, the rag waste appears to be mainly of cotton and man-made fibers which is in the form of small bits and pieces. Your correspondence indicates that the pads have the following composition and origins:

Textile cut waste (U.S. origin) 67-72% + 5% Sisal (Grown in Mexico) 25-30% + 5%
Plastic (Made in Mexico) 2.5%

The applicable tariff provision for the pads will be 5602.10.9090, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for needleloom felt and stitch-bonded fiber fabrics, ... of other than wool or fine animal hair. The general rate of duty will be 11.9 percent. We note that although there is material from both the United States and Mexico used in the manufacture of these pads, you did not ask us to determine whether your merchandise is eligible for preferential treatment under the North American Free Trade Agreement (NAFTA). Your material may qualify for such treatment, however, we would need to know in what condition or to what degree the cut waste was shipped to Mexico and was there further processing of this waste in Mexico, also, what method was used to combine it with the sisal. You may resubmit your request for a ruling with this additional information if you would like us to address any issues under the NAFTA.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 17 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,

Paul K. Schwartz
Chief, Textiles & Apparel Branch

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