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NY H83528




August 15, 2001

CLA-2-56:RR:NC:TA:350 H83528

CATEGORY: CLASSIFICATION

TARIFF NO.: 3918.90.2000

Mr. Michael Pipitone
John F. Kilroy Company, Inc.
JFK Int’l Airport
Cargo Bldg. 80, Suite 227
Jamaica, NY 11430-1718

RE: The tariff classification of a plastic coated nonwoven material for use as a wall covering, from Belgium.

Dear Mr. Pipitone:

In your letter dated July 13, 2001, on behalf of Carnigie Fabrics Inc., you requested a classification ruling. The supplier is Dumont Wyckhuyse NV, Belgium.

The production of the submitted sample, style Tuscany, is described as “consisting of very long fibers obtained from pine and spruce trees growing in the far north of Scandinavia. These fibers are mixed during the wet laid process with polyester fibers and a chemical binder, based on vinyl acetate, providing dimensional stability and high wet and dry strength properties.” The letter goes on to say there is a compound of minerals (chalk) applied to the surface of the nonwoven and bound with acrylic and polyurethane. You then state that the composition of this product, by weight, is as follows:

5% Polyurethane
10% Viscose
13% Polyester (reinforcement)
32% acrylic (binder)
40% minerals (has-chalk)

Reference is made that the base material is a nonwoven and the furnished weight percentages make mention only of polyester. There is no mention or inclusion of wood or pulp fibers (fibers from pine and spruce trees). We will have to assume, based on your submitted figures and your statement that the polyester fibers are of greater weight than any wood pulp fibers and that the base material is in fact a textile nonwoven.

The chalk, considered a filler, in a plastics binder is applied to the top surface. Although the random lay of the base textile fibers are apparent in relief; the surface of the material is considered to be coated with a plastics substance (polyurethane and acrylic).

You write that this material will be imported as roll goods measuring 50 meters in length and 140 cm in width and weighs 230 g/m² + 15%.

The applicable subheading for the material will be 3918.90.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for wall or ceiling coverings of plastics, with a backing of textile fibers. The duty rate is 6.5 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 212-637-7085.

Sincerely,

Robert B. Swierupski
Director,

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