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NY G80860

August 21, 2000

CLA-2-56:RR:NC:TA:350 G80860


TARIFF NO.: 5603.94.9030

Ms. Michelle Y. Park
Skyviva US Inc.
3530 Wilshire Blvd., Suite 360
Los Angeles, CA 90010-2328

RE: The tariff classification of nonwoven textile batting for insulation and acoustic applications in buildings, from Korea.

Dear Ms. Park:

In your letters dated July 29th and August 4th, 2000, and Fax of August 17, 2000, you requested a classification ruling.

You submitted three representative samples of acoustic/insulation materials which are composed of 100% polyester man-made fibers and vary only in thickness. Specifically, the polyester staple fibers are intimately blended with staple fibers that have thermoplastic characteristics. The insulating or acoustic batting is built up to the desired thickness and thermally bonded by the application of heat. Two of the samples measured 0.75 and 3 inches thick, respectively. The third sample, in which you expressed particular interest, is 3.5 inches thick and weighs 2,133g/m². You indicate that the materials will, in general, be shipped in flat sheets measuring 1.2912 meters wide by 2.4284 meters long.

The applicable subheading for the material will be 5603.94.9030, Harmonized Tariff Schedule of the United States (HTS), which provides for nonwovens, whether or not impregnated, coated, covered or laminated, weighing more than 150 g/m², not laminated, thermal bonded, of staple fibers. The duty rate will be Free.

Batting of other thickness and greater than 150 g/m², will also fall under this same harmonized tariff number. This HTS number applies also to goods shipped in roll form.

This merchandise falls within textile category designation 223. Based upon international textile trade agreements products of Korea are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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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