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January 27, 1999

CLA-2-56:RR:NC:TA:350 D86905

CATEGORY: CLASSIFICATION

TARIFF NO.: 5602.10.1000; 5602.10.9090

Mr. Gary Balthes
Kafus Bio-Composites
26690 Pleasant Place
Elkhart, Indiana 6514

RE: The tariff classification of needleloom felt material for use in automotive interior construction, from Germany.

Dear Mr. Balthes:

In your letter dated November 17, 1998, you requested a tariff classification ruling.

Two different samples were provided which were identified as “A” and “B”, respectively.

Item “A” consists of a 50/50 blend of polypropylene man-made fibers and kenaf fibers. Kenaf fibers are the natural bast (vegetable) fibers derived from the Kenaf plant. The plant is grown in Texas where the fibers are processed and shipped to Germany for processing by JJ Marx. These bast fibers have been sufficiently processed to be considered textile in nature.

Specifically, the kenaf fibers are blended with the polypropylene man-made fibers and run through a specific mat carding technology. Although you do not provide specific manufacturing details, from observation, this mat has undergone a needling or needleloom (needle felt) construction process. The material is some 8 mm thick and weighs approximately 870 g/m².

Although you use the term “nonwoven’ throughout your letter all of the materials involved are of a needleloom felt construction.

With respect to item “B”. This material consists of the core of item “A” which has now been laminated on both surfaces with a 70%/30% weight blend of polypropylene/polyester man-made fibers. One of these covering materials appears to have been needled into a base fabric. The inner core constitutes about 60 percent by weight of the total weight of the composite or laminate. The overall thickness is approximately 13 mm.

Both materials will be shipped in pre-cut square or rectangular sheets or uncut full rolls.

The applicable subheading for item “A” will be 5602.10.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for ... needleloom felt and stitch-bonded fiber fabrics, not laminated, of other than wool or fine animal hair. The rate of duty will be 11.6 percent ad valorem.

The applicable subheading for item “B” will be 5602.10.1000, HTS, which provides for needleloom felt and stitch-bonded fiber fabrics, laminated fabrics. The duty rate is 14 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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