The tariff classification of stainless steel woven tapes from Belgium and China

N135693 December 29, 2010 CLA-2-73:OT:RR:NC:1:117 CATEGORY: Classification TARIFF NO.: 7326.90.8588 Marilyn Viruet Corporate Customs Compliance Coordinator Bekaert Corporation 1395 South Marietta Parkway Building 500, Suite 100 Marietta, GA 30067-4440 RE: The tariff classification of stainless steel woven tapes from Belgium and China Dear Ms. Viruet: In your letter dated November 30, 2010 you requested a tariff classification ruling. Included with your request are technical literature and 7 small samples of woven stainless steel tape. The samples will be retained by this office. The items you intend to import are described as woven 100% stainless steel tape. As described it has been created into a fabric through a weaving process that positions warp and filling threads interlaced with each other at perpendicular angles. The tape is heat resistant and used as a production separation material in a number of ways, including mainly as a female ring covering material for the sage bending of automotive glass. The samples submitted are identified as Bekaert Tape numbers: FAT9/45, FAT8/45, FAT6/60, FAT5/45, FAT2/40, FAT1/50C, and FAT1/40C. All appear to be woven and have a fabric appearance. They do not have adhesive backing. The complete line of the woven stainless steel tape products ranges in size from 40 mm through 120 mm in width and from 0.6 mm through 1.25 mm in nominal thickness. Consideration was given to classification as cloth, grill, netting and fencing of iron or steel wire in 7314.14.9000 Harmonized Tariff Schedule of the United States, (HTSUS). However, to be classified in heading 7314, HTSUS, the fabric must be of iron or steel wire. The material in this fabric, although it may have originated from wire, has been processed beyond a wire into a fiber or thread, and is not classifiable in subheading 7314.14.9000, HTSUS. The applicable subheading for the stainless steel woven tape will be 7326.90.8588, HTSUS, which provides for other articles of iron or steel: other, other, other, other, other. The rate of duty will be 2.9 percent ad valorem. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. 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 Mary Ellen Laker at (646) 733-3020. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division