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NY F86040




April 25, 2000

CLA-2-40:RR:NC:TA:350 F86040

CATEGORY: CLASSIFICATION

TARIFF NO.: 4008.11.5000

Ms. Faith Currier
GPMI Company
7820 E. Evans Road, Suite 300
Scottsdale, AZ 85260

RE: The tariff classification of two rubber encased nonwoven spunlaced fabrics to be imported in rolls or wipes, from either Israel or Italy.

Dear Ms. Currier:

In your letter which was received April 18, 2000, you requested a classification ruling.

The first sample, identified as F16 003 Texsol – Plain Yellow consists of a spunlaced nonwoven fabric composed of viscose man-made fibers that has been entirely coated or covered with a latex rubber substance (identified per a telephone conversation as a “nitrilic latex rubber which is cellular in nature) whereby the fibrous nature of the underlying fabric has been lost. The cloth, measures approximately 1/16" thick, and measures approximately 32 x 35 cm.

Your second sample, F16 003 Texsol – Plain Yellow- Perforated Yellow is similar in construction and fiber content to the first, except that it contains perforations measuring about ¼” apart. Both of these materials may be imported as made up wipes as illustrated by the instant samples or as roll goods.

Both materials are stated to weight 230g (which we presume is per square meter) and have a weight composition of 60% viscose man-made fibers/40% latex rubber.

The applicable subheading for the two materials will be be 4008.11.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for plates, sheets, strip, ... of cellular rubber, of other than natural rubber. The general rate of duty rate is 3.3 percent ad valorem, however, if a product of Israel, under the United States – Israel Free Trade Agreement, this product is eligible for duty free treatment provided all requirements are met.

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 212-637-7085.

Sincerely,

Robert B. Swierupski
Director,

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