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NY I83789




July 3, 2002

CLA-2-56, 59:RR:NC:TA:350 I83789

CATEGORY: CLASSIFICATION

TARIFF NO.: 5602.10.9090; 5603.94.3000; 5911.40.0000.

Mr. Karl F. Krueger
Danzas AEi
29200 Northwestern Highway
Southfield, MI 48034

RE: The tariff classification of four textile fabrics of nonwoven/felt construction for various, household, medical, filtration applications, from Canada.

Dear Mr. Krueger:

In your letter dated June 21, 2002 on behalf of Texel, Inc., St. Elzear, Quebec, Canada you requested a tariff classification ruling.

Four samples were submitted and simply referred to as sample one, two, three and four. The samples were labeled as case #1, 2, 3, and 4 respectively. A separate page gave a list of Products Covered by the Request. The list contained a column of 25 product code numbers relating to sample numbers, but would not be germane to the classification herein. Your thorough description is as follows.

Sample one is described as a pleatable nonwoven filtration fabric of about 120g/m². It is made of a continuous nonwoven filament fabric (a polyester/polyethylene blend) combined to a web of discontinuous (staple) synthetic fibers (about 70% polypropylene and 30% aramid fibers). The material is imported as roll or piece goods.

After importation, the purchaser pleats the material in a pleating machine and the pleated filter is packed into a cardboard frame for use in air filtration devices. You believe classification would be under HTS subheading 5911.90.0080 as textile products for technical uses.

Sample two is described as a “nonwoven” fabric weighing between 150g/m² and 160g/m². It is made of synthetic and artificial fibers that are opened, blended, carded, cross-lapped and entangled by mechanically interlacing staple fibers by means of needle punch equipment. The fiber blend is approximately 50% synthetic (polyester and or polypropylene) and 50% artificial fibers (lyocell or viscose).

The U.S. importer will impregnate the fabric with soap and sell them as cleaning pads. You suggest classification under subheading 5603.94.9050, which is for nonwovens weighing more than 150g/m², obtained by mechanical entanglement, of staple fibers.

Sample three appears to be a laminated material made from a two component layer or ply (and, according to your letter) of synthetic and/or artificial fibers (polyester/lyocell) hydroentangled with a thin layer of pulp paper. This particular layer is considered a nonwoven textile material with a given weight range of 40g/m² and 50g/m² (believed to exclude the paper). The second ply or layer (70–80 g/m²) is a nonwoven of synthetic (polypropylene) fibers, some of which have been solution dyed green to give the material a product identification in the market place. These two plies, both considered to be of nonwoven construction, are laminated together by needling. The resulting material weighs between 150 and 160g/m².

After importation the fabric will be impregnated with a detergent product and packaged for retail sale. You suggest classification under 5603.94.3000 as laminated nonwoven fabrics.

Sample four is made in various thicknesses with a weight range from 100g/m² to 250g/m². You write that a staple fiber blend of approximately 50% synthetic (polyester and or polypropylene) and 50% artificial (lyocell or viscose) is opened, carded, cross-lapped and mechanically entangled by use of needle punch machinery.

The resulting fabric (imported in rolls) is combined, by the importer, with plastic netting to manufacture bandages and wound care products. Subheading classification under 5603.93 or 5603.94 is suggested, depending on the weight in g/m² of the fabric as imported.

The applicable subheading for sample one, which is filter material or media in the piece (the suggested classification would apply only to the made up filter cartridges), will be 5911.40.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for straining cloth . . . or the like. . . The rate of duty will be nine percent ad valorem.

The applicable subheading for samples two and four, which are both staple fiber webs formed by a needling process, will be 5602.10.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for needleloom felt, other (man-made fibers). The rate of duty will be eleven percent ad valorem.

The applicable subheading for sample three, which is of laminated nonwovens will be 5603.94.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for Other (than filament fibers) nonwovens, weighing more than 150 g/m², laminated fabrics. 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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