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NY 860534

March 1, 1991

CLA-2-56:S:N:N3H:350 860534


TARIFF NO.: 5602.10.9090; 5907.009010

Mr. Stephen M. Johnson
Bitic of California
1411 Harbor Bay Parkway, Suite 2008
Alameda, CA 94501

RE: The tariff classification of asphalt or bitumen waterproofing products with textile components for use in roofs, basements, bridges and tunnels, etc., from China.

Dear Mr. Johnson:

In your letter dated February 5, 1991, you requested a classification ruling.

Three representative samples were submitted with the various weights of the component materials expresed in what we will assume is grams per square meter. The first item (J300DD-s/s) consists of a woven jute carrier substrate (300g/sq./mtr.) that has been impregnated on both sides with a high and low softening point bitumen (1850g/sq./mtr.) and uniformly covered on both surfaces with mineral granules weighing 500g/sq./mtr. The second item (PYE-PV250S5-g/f) is composed of a needleloom felted polyester mat (250g/sq./mtr.) that has been impregnated on both sides with an SBS-polymerized bitumen (5000g/sq./mtr.), uniformly surfaced on the weather side with mineral scales (1500g/sq./mtr.) and on the contact side with a silicon membrane (15g/sq./mtr.). The third and final item (180KSK-PV20F) also consists of a needleloom felted polyester mat (180g/sq./mtr.) that has been coated and impregnated on both sides with a low softening point bitumen as well as a KSK cold self-adhesive SBS-polymerized bitumen (2,090g/sq./mtr.), uniformly surfaced on the weather side with mineral granules (300g/sq./mtr.) and covered on the contact side with a protective kraft paper weighing (100g/sq./mtr.).

The applicable subheading for the first item (J300DD-s/s) will be 5907.00.9010, Harmonized Tariff Schedule of the United States (HTS), which provides for textile fabrics otherwise impregnated, coated or covered, of vegetable fibers, except cotton. The duty rate will be 5.8 percent ad valorem. The remaining two items (PYE-PV250S5-g/f and 180KSK-PV20F) are both classifiable under item 5602.10.9090, HTS, which provides for needleloom felt, whether or not impregnated, coated, covered or laminated. The duty rate is 12.5 percent ad valorem.

Style J300DD-s/s falls within textile category designation 810. Based upon international textile trade agreements such products of China are subject to a visa requirement. Styles PYE- PV250S5-g/f and 180KSK-PV20F fall under textile category designation number 223 and, as such, are subject to quota and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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