The tariff classification of three heavy nonwoven fabrics for acoustic noise absorption, from China

N289498 March 23, 2018 CLA-2-56:OT:RR:NC:N3:350 CATEGORY: Classification TARIFF NO.: 5603.94.9030; 5603.94.9090 Lisa Bieda Mohawk Global Logistics 150 Pierce Road Suite 120 Itasca, IL 60143 RE: The tariff classification of three heavy nonwoven fabrics for acoustic noise absorption, from China Dear Ms. Bieda, In your letter dated August 3, 2017, you requested a tariff classification ruling on behalf of your client, Turf Design, Inc. Samples of three fabrics were provided and sent for laboratory anaylsis. The three samples, described variously as “PET felt panels,” “PET acoustic panels” or simply “felt panels” are identified as “Sample 1, 9mm thick, 4’ x 8’, Color #04 Light Grey”; “Sample 2, 9mm thick, 4’ x 10’, Color #48 Light Brown”; and “Sample 3, 9mm thick, 4’ x 10’, Color #04 Light Grey.” In your letter and previous correspondence you state that the “rolls and panels of fabric will be used to create acoustic noise absorption solutions for open areas. The final application is customized to client’s specification that could range from wall coverings to an artistic sculpture to be suspended from the ceiling.” Your letter states the the products are made of dyed post-consumer recycled PET plastic (polyethylene terephthalate). You have indicated that Samples 1 and 2 will be imported in 4’ by 10’ rectangular sheets and that Sample 3 will be imported on 4’ wide rolls which are 250’ in length, with no holes, slits or perforations, and not hemmed or sewn. U.S. Customs & Border Protection (CBP) laboratory analysis finds that all of the samples provided are of nonwoven construction and composed of webs of man-made staple fibers. Samples 1 and 3 have been needlepunched and chemically bonded, and weigh 1890 g/m2 and 541 g/m2, respectively. Sample 2 has been needlepunched and thermally bonded, and weighs 2135 g/m2. Although your correspondence describes these products as “felt,” these fabrics are not classified as felt due to the additional bonding methods beyond needlepunching. The applicable subheading for Turf Design’s products designated Samples 1 and 3 will be 5603.94.9090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Nonwovens, whether or not impregnated, coated, covered or laminated: Other: Weighing more than 150 g/m2: Other: Other: Other nonwovens, whether or not impregnated, coated or covered: Other: Of staple fibers. The rate of duty will be Free. The applicable subheading for Turf Design’s product designated Sample 2 will be 5603.94.9030, HTSUS, which provides for Nonwovens, whether or not impregnated, coated, covered or laminated: Other: Weighing more than 150 g/m2: Other: Other: Other nonwovens, whether or not impregnated, coated or covered: Thermal bonded, of staple fibers. The rate of duty will be Free. 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 https://hts.usitc.gov/current. This ruling is being issued under the assumption that the subject goods, in their condition as imported into the United States, conform to the facts and the description as set forth both in the ruling request and in this ruling. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of Customs and you should resubmit for a new ruling in accordance with 19 CFR 177.2. You should also be aware that the material facts described in the foregoing ruling may be subject to periodic verification by Customs. 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 Maribeth Dunajski via email at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division