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NY K86217




May 25, 2004
CLA-2-56:RR:NC:TA:350 K86217

CATEGORY: CLASSIFICATION

TARIFF NO.: 5602.10.1000

Mr. Paul Vroman
Danzas AEI Customs Brokerage Services
2660 20th Street
Port Huron, MI 48060

RE: The tariff classification of a laminated needleloom felt material, from Canada.

Dear Mr. Vroman:

In your letter dated April 19, 2004, which was received by this office May 19, 2004, on behalf of Texel Inc., Quebec, Canada, you requested a tariff classification ruling.

While your letter mentions three end products, you submitted one representative sample of the finished product as well as samples of the man-made staple fibers from which the finished material was produced. All three materials are similar in construction and fiber content.

Specifically, the finished product consists of a laminated needleloom felt material. Both layers are composed of varying amounts of man-made staple fibers (viscose, aramid and/or lyocell) which, according to your correspondence, have been laminated together by a mechanical entanglement via the use of barbed needles. No other means of bonding were mentioned, nor were any indicated from our bench tests. You indicate that the finished product weighs 150 g/m².

This material has application for such things as fire barriers, protective clothing and lining materials, etc.

While you indicate, that it is your client’s opinion, that the material is classifiable as a nonwoven material in tariff subheading 5603.94.9050, this would not be correct. The Explanatory Notes to Chapter 56, state, in part, that only when you have a “needled web of staple fibers in which the needling is complementary to other types of bonding” do you have a nonwoven fabric of heading 5603. This fabric, is by definition, a needleloom felt material, which is provided for in heading 5602 as indicated below.

The applicable subheading for the material will be 5602.10.1000, Harmonized Tariff Schedules of the United States (HTS), which provides for needleloom felt and stitch-bonded fiber fabrics, laminated fabrics. The general rate of duty is 12 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 Deborah Walsh at 646-733-3044.

Sincerely,

Robert B. Swierupski
Director,

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