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NY L87434

August 30, 2005

CLA-2-56:RR:NC:TA:350 L87434


TARIFF NO.: 5603.94.9090

Mr. Shannon Moore
Source International
2201 River Road
Louisville, KY 40206

RE: The tariff classification of two nonwoven materials, for use in the manufacture of mattresses, from China.

Dear Mr. Moore:

In your letter dated August 25, 2005, which was a follow-up to an earlier inquiry, where we requested additional information, you requested a tariff classification ruling.

Two representative samples were submitted, differing mainly in weight. You refer to them as “Shoddy Pad” material having the following weights: 1.65 oz/sq.ft (503 g/m²) and 1.75 oz/sq.ft.,(533 g/m²), respectively. They are both constructed from garneted waste stock (scrap) of various textile fibers (cotton, polyester, silk and rayon) that have been impregnated with a resin or glue and then bonded into sheet form via a pressing machine. The adhesive employed in the manufacture of these pads appears to have penetrated deep into the inner layers of the material, rendering them not readily or easily separable.

You indicate that these two material will be imported in square and/or rectangular sheets measuring anywhere from 41.5" x 78" to 63.5" x 83".

The applicable subheading for the two 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, weighing more than 150g/m², not laminated, of staple fibers. 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 Deborah Walsh at 646-733-3044.


Robert B. Swierupski

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