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NY 873480

May 5, 1992

CLA-2-60:S:N:N3H:351 873480


TARIFF NO.: 6002.20.6000

Mr. Thomas C. Lloyd
3M-Transportation Dept.- Customs/Import
P.O. Box 33250
St. Paul, MN 55133-3250

RE: The tariff classification of capillary membrane warp knit fabric from Germany.

Dear Mr. Lloyd:

In your letter dated April 14, 1992, you requested a tariff classification ruling.

You have submitted a sample of Oxyphan capillary membrane material used in the Sarns Turbo Membrane Oxygenator. The two- layer sample measures less than 8 feet in length and 26.4 centimeters (cm) in width, and it has two fast edges (selvages). The fabric will not be imported in other widths. The material is made of 100% polypropylene hollow fiber monofilaments measuring 0.38 millimeters (mm), outer diameter; and measuring 0.28 mm, inner diameter. The monofilaments are knitted into a warp knit fabric that is not considered to be of open-work construction. The membrane material is shipped in bulk lengths of approximately 297 feet to Sarns/3M Health Care who cuts and packages it for use in blood oxygenators.

In a fax message sent to our office on April 24, 1992, you asked if importing the material cut to 9 foot lengths (the size required for use in one oxygenator) would affect the classification of this merchandise. We will not be able to rule on this question without more information as to the exact condition of the 9 foot length that you plan to import. If you wish to receive a ruling on this subject, we suggest you submit a ruling request with a sample of the material in its actual imported condition, and a detailed explanation of what further processing and uses the product will undergo after importation. The applicable subheading for capillary membrane material in 297 feet lengths will be 6002.20.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for other knitted or crocheted fabrics, other, of a width not exceeding 30 cm, other, of man-made fibers. The rate of duty will be 8.6 percent ad valorem.

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

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