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NY F89230

July 11, 2000

CLA-2-56:RR:NC:TA:350 F89230


TARIFF NO.: 5603.93.0090

Ms. Margaret Solinger
DuPont Legal D-7076A
1007 Market Street
Wilmington, DE 19898

RE: The tariff classification of Nomex® spunlace fabric from an undetermined country.

Dear Ms. Solinger:

In your letter dated June 28, 2000, you requested a classification ruling.

The instant sample, identified as Type E89, Style 527P, is a nonwoven material composed of 3/4" staple fibers that have been airlaid into a web, then hydroentangled over a patterning screen, which is a typical spunlaced production. This material is stated to be 85% Nomex® and 15% Kevlar® man-made fibers, by weight, respectively. You indicate no other materials, components, or bonding methods are employed and that the material weighs 91.5 grams per square meter.

You suggest classification in tariff subheading 5603.19.0090 which provides for nonwovens of man-made filaments. However, you state in your correspondence that staple fibers are used in the web production, which is characteristic of spunlace materials. Therefore, 5603.19 does not apply in this case. Note the subheading of the ruling you cite, i.e., C84931 which indicated a classification in subheading 5603.94.

The applicable subheading, however, for your product, based on its weight, will be 5603.93.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for nonwovens, whether or not impregnated, coated, covered or laminated, weighing more than 70 g/m² but not more than 150 g/m². The duty rate will be Free.

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 George Barth at 212-637-7085.


Robert B. Swierupski

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