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NY 896786

May 9, 1994

CLA-2-56:S:N:N6:350 896786


TARIFF NO.: 5603.00.3000; 5603.00.9070; 5603.00.9090

Mr. Jerry W. Harmon
HSJ Group Inc.
1254 Old Alpharetta Road
Alpharetta, Georgia 30202

RE: The tariff classification of nonwoven textile fabrics with elastomeric properties for use in medical industries, from Taiwan.

Dear Mr. Harmon:

In your letter dated April 5, 1994, you requested a classification ruling.

Four representative samples which can all be made from a variety of man-made thermoplastic resins were submitted. Three are nonwoven materials and, of these, one is of meltblown manufacture, two are of spunbonded material of which one sample is constructed from two layers of nonwoven fabric laminated together. The fourth and final item is an extruded polyethylene netting which has been converted. This material appears not to be of textile in nature and, as discussed, we are omitting the sample from this ruling and suggest that if you desire a ruling on this material, that you make a specific request and give as much detail as possible on exactly how the product is made. An additional sample would also be helpful. As indicated in a telephone conversation with the National Import Specialist, all of the materials, due to further manufacturing processes, have elastomeric "stretch" properties imparted to the respective fabrics.

The applicable subheading for the spunbonded laminated material will be 5603.00.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for nonwovens, whether or not impregnated, coated, covered or laminated, ... laminated fabrics. The duty rate will be 16 percent ad valorem.

The applicable subheading for the material of meltblown manufacture will be 5603.00.9090, HTS, which provides for nonwovens ... of staple fibers. The duty rate is 12.5 percent ad valorem.

The applicable subheading for the spunbonded (not laminated) would be 5603.00.9070, HTS, which provides for nonwovens ... of filaments. The duty rate is 12.5 percent ad valorem.

All three materials fall within textile category designation 223. Based upon international textile trade agreements products of Taiwan are subject to quota restraints 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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