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NY R00257




April 19, 2004
CLA-2-63:RR:NC:N3:351 R00257

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9889

Andrei Shevchenko
Simpex International
2348 Lucerne Road
Suite 236
Montreal, Quebec
Canada H3R 2J8

RE: The tariff classification of mattress tufting tape from Italy

Dear Mr. Shevchenko:

In your letter dated April 7, 2004, received via e-mail, you requested a tariff classification ruling.

The item in question (descriptive literature and diagrams submitted) is called mattress tufting tape. You indicate that it is a device that passes from the top surface of a mattress or futon in order to secure the covering fabric to the body of the mattress or futon under tension and to hold in compression the springs within the mattress. It also stabilizes the filling and ticking materials. The device consists of a length of woven tape with a molded plastic bar at each end.

The length of the item, including the bars, varies from 50mm to 250mm, presumably based on the thickness of the mattress. The width of the joining tape, made of polyamide, is 7mm. The molded bar heads are made of polypropylene and measure 19mm x 4.5mm x 4mm.

In your letter you suggest that this item is classifiable in heading 5911, Harmonized Tariff Schedule of the United States (HTS), which provides for textile products and articles for technical uses. However the textile products and articles of this heading present particular characteristics which identify them as being for use in various types of machinery, apparatus, equipment or instruments or as tools or parts of tools. This item does not meet these standards.

The applicable subheading for the mattress tufting tape will be 6307.90.9889, HTS, which provides for other made up textile articles, other. The rate of duty will be seven 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 Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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