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NY A84722




July 5, 1996

CLA-2-52:RR:NC:TP:351 A84722

CATEGORY: CLASSIFICATION

TARIFF NO.: 5208.12.6090; 6002.20.6000

Mr. Tom Penksa
PBB Group
434 Delaware Ave.
Buffalo, NY 14202

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of woven cotton tack cloths and knit polyester tack cloths from China and Canada; Article 509

Dear Mr. Penksa:

In your letter dated April 29, 1996, with additional information submitted on June 7, 1996, you requested a ruling on the tariff classification and status under the North American Free Trade Agreement (NAFTA), of woven cotton tack cloths and knit polyester tack cloths from China and Canada.

You have submitted two samples of tack cloths, which are used to clean surfaces of dust and particulate matter to prepare for painting or finishing. Both cloths have been impregnated with polybutylene resin, which is not visible to the naked eye. Both have been folded to a 5 inch square and presented in re- sealable plastic bags; we assume that this represents the condition in which they are imported. One tack cloth is of woven cotton and the other is of knitted polyester.

The woven cotton cloth has been cut to a rectangular shape measuring approximately 15 inches in width and 30 inches in length. The cotton fabric, a cheesecloth, contains 8 single threads per centimeter in the warp and 4.7 in the filling, weighs 19.25 grams per square meter, and the yarns are singles, of carded cotton, of size 40s. The fabric does not appear to have been dyed, but has taken on a yellowish color due to the presence of polybutylene resin.

The polyester cloth is also rectangular. It has been warp- knitted to a 9.5 inch width and cut to a length of 18 inches.

For the woven cotton cloth, the yarns were spun in China and the cloth was woven in China; all subsequent production (folding, impregnation, testing, cutting and packing) took place in Canada. For the knitted polyester cloth, the fibers were extruded in the United States from resin of unspecified origin, and all subsequent production took place in Canada.

The applicable tariff provision for the knitted polyester tack cloth will be 6002.20.6000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other knitted or crocheted fabrics; other, of a width not exceeding 30 cm; other; of man-made fiber. The general rate of duty will be 8.4 percent ad valorem.

Each of the non-originating materials used to make the knitted polyester tack cloth has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/60. It will be entitled to a 1.7 percent ad valorem rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

The applicable tariff provision for the woven cotton tack cloth will be 5208.12.6090 HTSUSA, which provides for woven fabrics of cotton, containing 85 percent or more by weight of cotton, weighing not more than 200 g/m2; unbleached; of numbers 43 to 68; cheesecloth. The general rate of duty will be 9 percent ad valorem.

The woven cotton tack cloth does not qualify for preferential treatment under the NAFTA because it will not be wholly obtained or produced entirely in the territory of a NAFTA country, and will not be made exclusively from originating materials. The cotton cloth that is woven in China and used in the production of the tack cloth will not undergo the change in tariff classification required by General Note 12(t)/52, HTSUSA.

The woven cotton tack cloth falls within textile category designation 226. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

Since quota and visa restrictions 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 181 of the Customs Regulations (19 C.F.R. 181). This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

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 Jeff Konzet at 212-466-5885.

Should you wish to request an administrative review of this ruling, submit a copy of this ruling and all relevant facts and arguments within 30 days of the date of this letter, to the Director, Commercial Rulings Division, Headquarters, U.S. Customs Service, 1301 Constitution Ave., NW, Franklin Court, Washington, DC 20229.

Sincerely,

Roger J. Silvestri
Director

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