United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2007 NY Rulings > NY N004061 - NY N004141 > NY N004127

Previous Ruling Next Ruling
NY N004127




December 20, 2006

CLA-2-59:RR:NC:TA:350

CATEGORY: CLASSIFICATION

TARIFF NO.: 5903.90.2500; 5907.00.1500

Ms. Linda S. Waits
Schenkers Stinnes Logistics
7221 Investment Drive
N Charleston, SC 29418

RE: The tariff classification of two coated/laminated textile materials, from China.

Dear Ms. Waits:

In your letter dated December 1, 2006, which was a follow-up to an earlier inquiry where we requested additional information, you requested a classification ruling. This ruling is on behalf of Maxwell International Trading.

The first item, Sample “A”, consists of a woven fabric, which you indicate is composed of woven polyethylene plastics strips that measure 5.1 mm in width. This material has been laminated on one side with layer of paper, and a polyethylene plastics film on the other. This material will be used in wrapping metal products. The paper protects the metal from dents, scratches, contamination and moisture. Bench tests of the plastic strips used to make the woven substrate, found that the apparent width of over 50% of such strips is not over 5 mm. As such they are considered to be textile for tariff purposes. This is due to the folding, crimping and juxtapositioning of the strips in the woven motif. This material is considered to be a composite good with the paper portion imparting the essential character.

The second item, Sample “B”, consists of a woven fabric which you indicate is composed of woven polyethylene plastics strips which measure over and under 5 mm in width. Specifically, you state that 76% of the strips measure over 5mm and 24% measure under. This material has been been visibly coated on one side with a black pigmented polyethylene plastics material.

Once again, bench tests of the woven substrate on the instant sample found that the apparent width of over 50% of such strips is not over 5 mm. As such they are considered to be textile for tariff purposes.

The applicable subheading for Sample “A” will be 5907.00.1500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for textile fabrics otherwise impregnated, coated or covered, ..., laminated fabrics, of man-made fibers. The duty rate will be 8 percent ad valorem.

The applicable subheading for Sample “B” will be 5903.90.2500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for textile fabrics impregnated, coated, covered or laminated with plastics, of man-made fibers, not over 70 percent by weight of plastic. The duty rate will be 7.5 percent ad valorem.

Samples A and B fall within textile category 229. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise, which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov.

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,
National Commodity

Previous Ruling Next Ruling

See also: