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NY I81774




June 4, 2002

CLA-2-56:RR:NC:TA:350 I81774

CATEGORY: CLASSIFICATION

TARIFF NO.: 5603.93.0090

Ms. Vicky McLaughlin
Kuehne & Nagel, Inc.
15700 International Plaza #100
Houston, TX 77032

RE: The tariff classification of two thermobonded nonwoven fabrics, for use in automobile upholstery, from Germany.

Dear Ms. McLaughlin:

Your initial letter dated August 31, 2001, which was destroyed in September, was resubmitted and received by this office on May 7, 2002. It was written on behalf of TWE Texas, Inc., Del Rio, Texas, requesting a tariff classification ruling.

Two representative samples were submitted along with specification sheets which needed clarification as to the composition and construction of the materials.

The samples are returned per your request.

According to the information received in a Fax dated May 21, 2002, the fabrics, one designated 2-520-125, the other 1-548-125, consist of the same blend of viscose rayon; polyester and polypropylene staple fibers in a 60, 30, 10 +/-10% ratio, respectively. The fax states that air is used to mix the fibers (staple) before transporting them to the cards on the respective machine. The fibers are then cross-layered and needled before thermobonding by hot air to fix the fibrous mat. The needling operation appears to be incidental to the thermobonding process, therefore, these goods are considered to be of a nonwoven construction. The first type, 2-520-125, is lightly coated on one surface with a thermodot adhesive stated to be a co-polyamide resin. The other sample contains no such application. You further indicate in your fax message that these materials will be imported in rolls running 100 to 105 yards in length. The noncoated material is stated to weigh 125 g/m² while the coated one weighs 150 g/m².

According to a recent telephone conversation with your office, these nonwoven materials, after their importation into the United States, will be cut to size and shape and then sandwiched between the vinyl or leather and foam padding layers in automotive upholstery.

The applicable subheading for the two materials will be 5603.93.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for nonwovens, whether or not impregnated, coated, covered or laminated, other than filament (staple): weighing more than 70 g/m², but not more than 150 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 646-733-3044.

Sincerely,

Robert B. Swierupski
Director,

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