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NY G81150

August 25, 2000

CLA-2-56:RR:NC:TA:350 G81150


TARIFF NO.: 5603.94.9090

Ms. Katherine Tang
Budge Industries, Inc.
Hilltown Industrial Park
821 Tech Drive
Telford, PA 18969

RE: The tariff classification of four nonwoven materials having various garden, home and consumer end uses, primarily for absorbing fluids, from China.

Dear Ms. Tang:

In your letter dated August 17, 2000, you requested a classification ruling.

Four representative samples were submitted which were not identified as to style or quality number.

While your letter indicates that these materials measure 9.75" x 17", as per the submitted samples, you indicated in a recent telephone conversation that they will be imported in 300 yard rolls having lines of demarcation as depicted by the instant samples to facilitate their separation into 9.75 x 17 inch rectangles. The material is approximately ¼ inch thick.

Specifically, three of the materials, as confirmed in a recent telephone conversation with your office, are entirely of a meltblown nonwoven polyethylene (staple) man-made fiber construction. The representative samples were informally weighed and were found to weigh approximately 189 g/m². The fourth sample is of the same meltblown construction, but with a thin spunbonded filament cover stock that has been thermo spot-bonded to both surfaces. The staple fiber component is the essential feature of this material. This item also serves the same function as the others. The fourth material was also weighed and was found to weigh approximately 163 g/m².

You further indicated in our telephone conversation that these materials have final application on such things as garage floors to absorb oil or on kitchen counters to absorb water, etc.

The applicable subheading for all four meltblown materials will be 5603.94.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for nonwovens, whether or not impregnated, coated, covered or laminated, of other than filaments, weighing more than 150 g/m², of staple fibers. The duty rate will be Free.

This merchandise, in all instances, falls within textile category designation 223. Based upon international textile trade agreements products of China 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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