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NY C85155




March 10, 1998

CLA-2-56:RR:NC:TA:350 C85155

CATEGORY: CLASSIFICATION

TARIFF NO.: 5603.94.9090

Mr. Vincent Ventura
Karl Schroff & Associates, Inc.
Hook Creek Blvd. & 145th Avenue
Valley Stream, NY 11581

RE: The tariff classification of nonwoven "Reptile Carpet", for use in pet tanks, from China.

Dear Mr. Ventura:

In your letter dated March 5, 1998, on behalf of Penn Plax Plastics Inc., Garden City, NY, you requested a classification ruling.

The representative sample, identified as "Reptile Carpet", consists of a blend of 95% polyester man-made staple fibers and 5% other fibers. It appears from the submitted sample, that although the fabric was produced by a needling process, the agglutinating substance, that you refer to, is spread throughout the thickness of the material. This important distinction makes this material a nonwoven for tariff purposes. Your letter indicates that this material will be imported in any of the following sizes: 10" x 10", 20" x 20", 20" x 30" or 20" x 40". These sizes are the most commonly employed for pet tanks that the consumer would purchase at a pet store. The material was informally weighed and was found to weigh approximately 494 grams per square meter.

The applicable subheading for the product 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 150 g/m2, ..., of staple fibers. The duty rate will be 2.5 percent ad valorem.

This merchandise falls within textile category designation 223. Based upon international textile trade agreements products of China 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,

Robert B. Swierupski
Director,

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