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NY F86923





June 2, 2000

CLA-2-56:RR:NC:TA:350 F86923

CATEGORY: CLASSIFICATION

TARIFF NO.: 5603.92.0090

Ms. Susan Parker
Schenker, Inc.
1300 Diamond Springs Road, Suite 300
Virginia Beach, VA 23455

RE: The tariff classification of nonwoven fabric for use in the production of make-up remover towelletes, from the Netherlands.

Dear Ms. Parker:

In your letter dated April 30, 2000, on behalf of Chicopee, Inc., Benson, NC, you requested a classification ruling. The supplier is PGI/Chicopee, the Netherlands.

This ruling is being written for prospective shipments.

You submitted four representative samples of style numbers 4702707, 4702708, 4702709 and 4702710 which, by construction, are all nonwoven fabrics. According to your correspondence, the staple fibers employed in the production of these fabrics is sourced from various countries predicated upon supply considerations. The staple fiber blend of 65% viscose rayon and 35% polyester man-made fibers, by weight, respectively, is carded into a web, then hydroentangled (spunlace process) into the finished nonwoven mat. A light “binder” may be added as a finishing agent or colorant. These fabrics all weigh 55 g/m² and vary only in the width of the imported rolls. The various roll widths will be 4, 6, 7 .5, 8 or 12 inches.

You raised the question of Anti-Dumping considerations under ADA case A-421-805-000, noting that this is a “spun-laced non-woven” product of the Netherlands. The case relates to aramid fibers which is a class of nylon. The fibers employed here (viscose rayon and polyester) are not aramid in nature, and, therefore, are outside the scope of the investigation.

The applicable subheading for all the materials will be 5603.92.0090, 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 25 g/m² but not more than 70 g/m². The rate of duty will be Free.

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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