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NY D84620




December 10, 1998

CLA-2-56:RR:NC:TA:350 D84620

CATEGORY: CLASSIFICATION

TARIFF NO.: 5602.10.9090

Mr. Maurice J. Deslauriers
AEI Customs Brokerage Services
U.S. Customs Complex
Massena, NY 13662

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of needle felt for use in heap leaching systems in the mining industry, from Canada; Article 509.

Dear Mr. Deslauriers:

In your letter dated November 3, 1998 which was pursuant to your earlier correspondence of October 2nd, which lacked certain important information, you requested a ruling on the status of certain needle felt material from Canada under the NAFTA. This ruling is on behalf of your client, Texel Inc., of Quebec, Canada.

The instant sample consists of needleloom felt material containing one inch wide plastic tubes which have been inserted and spaced across the width of such material.

Specifically, polypropylene man-made staple fibers, fine plastic "netting" and drip tape or tubes (T TAPE TSX ) which are all of United States origin, are shipped to Canada for manufacture into the needle felt material which will ultimately be imported back into the United States. While you have supplied two certificates of origin; one for the polypropylene fibers and the other for the netting, your correspondence indicates that the plastic tubes are also of U.S. origin.

The material is produced as follows: The polypropylene man-made fibers are needle punched into the fine plastic "netting" of approximately 5/8 x 3/4 inch mesh. At the time of the manufacture of the web, somewhat flattened, one inch wide plastic tubes are inserted and spaced across the width of the material during the needling manufacturing process. These drip tubes are considered to be an entirety with the needleloom felt material, and, we note that such tape or tubing is shipped to Canada from the United States in 4,500 foot rolls. The leaching systems material will be imported in two sizes: 16 x 150 and 16 x 200 feet, respectively.

The applicable tariff provision for the product will be 5602.10.9090, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for ... needleloom felt and stitch-bonded fiber fabrics, not laminated, ... of other than wool or fine animal hair. The general rate of duty will be 11.7 percent ad valorem.

This merchandise, being produced entirely in the territory of of Canada, Mexico and/or the United States exclusively from originating materials will meet the requirements of HTSUSA General Note 12(b)(iii), and will, therefore, be entitled to a Free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

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 George Barth at 212-466-5884.

Sincerely,

Robert B. Swierupski
Director,

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