United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2000 NY Rulings > NY G82513 - NY G82566 > NY G82557

Previous Ruling Next Ruling
NY G82557

October 6, 2000

CLA-2-59:RR:NC:TA:350 G82557


TARIFF NO.: 5907.00.6000

Mr. Lee Greene
Famos USA, Inc.
7361 Brightwaters Court
New Port Richey, FL 34652

RE: The tariff classification of modified polymeric bitumen roofing material, from Germany.

Dear Mr. Greene:

In your original letter dated August 7th 2000 and resubmitted letter of September 18, 2000, you requested a classification ruling. The supplier is FAMOS GmbH, Germany.

The product, identified as Famostar, consists of a four component substrate reinforcement, i.e., two polyester man-made fiber nonwoven layers, one glass nonwoven layer and one “woven” layer composed of polyester and glass yarns. This “woven” layer is in greater weight of the polyester man-made fiber portion. This substrate has been coated and impregnated on both sides with high grade polymeric bitumen, (SBS/SIS/SEBS). The top portion has been coated with impregnated, water repellent slate granules and the back side contains a meltable polyethylene plastics film. This material measures about 4.2 mm in thickness and will be imported as roll goods measuring about 7.5 meters in length and 1 meter in width. It weighs 4,480 g/m². This material is used as a single ply application for reroofing or new construction. You provided the following weight breakdowns for this material:

Nonwoven 1 (Polyester): 35g/m².
Nonwoven 2 (Glass): 35g/m².
Scrim: (Polyester/Glass) 185 g/m².
Nonwoven 3: (Polyester): 35 g/m².
Binder: 20 g/m².

The ingredient mix for the Scrim is as follows:

2 strings x 136 Glass: 27.0g/m². (14.6%) 6 strings x 110 Polyester: 65.5 g/m². (35.4%) 2 strings x 136 Glass: 27.0 g/m². (14.6%) 6 strings x 110 Polyester: 65.5 g/m². (35.4%) Total: 185.0g/m². (100%)

Finally, the ingredients by percentage were expressed in your letter as follows:

Bitumen: 55.6%
SBS/SIS: 14.2%
Sand/Slate: 23.4%
Reinforcement: 6.8%

Although the yarns of the scrim are not interlaced, just two yarn systems, one superimposed at right angles over the other, the scrim, following note 9 to section XI, is considered to be a woven material. This woven scrim is of appreciably more weight than both the glass fiber and textile fiber nonwovens combined. The scrim is considered to be the essential character of the two types of fiber constructions (nonwoven / woven).

The textile polyester yarn component of the scrim is about two and a half times the weight of the glass yarns. The scrim is considered to be a woven man-made fiber textile.

Note 1 (c) to Chapter 68, which covers certain asphalt articles, excludes textile fabrics therein that have been coated, impregnated or covered with asphalt.

The applicable subheading for the product will be 5907.00.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for textile fabric otherwise impregnated, coated, or covered, not laminated, of man-made fibers. The duty rate will be 2.3 percent ad valorem.

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

Previous Ruling Next Ruling

See also: