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NY J81651




March 19, 2003

CLA-2-56:RR:NC:TA:350 J81651

CATEGORY: CLASSIFICATION

TARIFF NO.: 5602.10.9090

Mr. Jacob Sondrup Bachmann
Royal Danish Consulate General
One Dag Hammarskjold Plaza
885 Second Avenue, 18th Floor
New York, NY 10017

RE: The tariff classification of needleloom felt material used as the backing or underside in carpet and carpet tile manufacture, from Denmark.

Dear Mr. Bachmann:

In your letter dated February 24, 2003, on behalf of Fibertex A/S, Denmark, you requested a tariff classification ruling.

You submitted two representative samples of the material to be imported as well as two pieces of the finished carpet pieces that will incorporate the imported product.

With your letter and samples, you also included a copy of “European Patent Specifications” EP 0 724 660 B1 on “Low –Stretch and Dimensionally Stable Floor Covering.” However, all the even numbered pages through page 20 were missing.

There is no apparent description on the exact method of manufacture of the materials that will be used to make the secondary backing layer in the carpet manufacture. You refer to the material as being nonwoven and in a phone conversation with this office you indicated the material will be imported in rolls 4.25 meters wide and in 300 meter lengths. The material will come in three weights (thickness) of 500, 750 and 1, 000 gr/m².

It is not clear from the literature that was furnished as to the actual fiber content of this secondary backing layer though they do have the characteristics of man-made fibers, possibly of a polypropylene/polyester blend.

The samples (1/01-black, and 3/99-gray) however, from visual inspection, exhibit the typical characteristics of needleloom felt construction and for the purposes of this letter, we will assume the fibers are of staple length.

The applicable subheading for the material will be 5602.10.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for needleloom felt and stitch-bonded fiber fabrics, of other than wool or fine animal hair. The duty rate will be 10.8 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 646-733-3044.

Sincerely,

Robert B. Swierupski
Director,

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