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NY C83443




January 21, 1998

CLA-2-56:RR:NC:TA:350 C83443

CATEGORY: CLASSIFICATION

TARIFF NO.: 5603.94.9010

Mr. David Montanye
Circle International
160 McClellan Highway
East Boston, Massachusetts 02128

RE: The tariff classification of nonwoven textile fabric for shoe counters, quarters and vamp linings, from England.

Dear Mr. Montanye:

In your letter dated January 2, 1998, on behalf of USM Texon, Wilmington, MA you requested a tariff classification ruling. The manufacturer is British United Shoe Machinery, Belgrave, England.

The instant sample, identified as "Aquiline, Charcoal .8mm plain", was informally weighed and was found to weigh 275 grams per square meter.

No manufacturing method or component materials were mentioned in your correspondence, other than your indication that entry has been made previously under subheading 5603.94.0010, and, that there were no previous request or outstanding issues pending before Customs.

You mention that this product may meet the criteria outlined at the beginning of Chapter 56 and, therefore, qualify this merchandise for a reduced rate of duty. However, you do not state what criteria you had in mind, the possible tariff number or rate of duty. Chapter 56 begins with Chapter Notes relating to the goods of the chapter. Perhaps, it was one of these notes that you were thinking of.

We will assume the product is made from a web of staple length fibers. Therefore classification is as it has been entered in the past.

Accordingly, the applicable subheading for the material will be 5603.94.9010, Harmonized Tariff Schedule of the United States (HTS), which provides for nonwovens, whether or not impregnated, coated, covered or laminated, of other than filaments, weighing more than 150 g/m2, impregnated, coated or covered with material other than or in addition to rubber, plastics, ... "imitation suede". The rate of duty will be 2.5 percent ad valorem.

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,

Robert B. Swierupski
Director,

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