The tariff classification of two nonwoven fabrics from China or Vietnam

N308702 January 29, 2020 CLA-2-56:OT:RR:NC:N3:350 CATEGORY: Classification TARIFF NO.: 5603.92.0090; 5603.94.9030; 9903.8803 Ms. Elise Shibles Sandler, Travis & Rosenberg, P.A 505 Sansome Street, Suite 1475 San Francisco, CA 94111 RE: The tariff classification of two nonwoven fabrics from China or Vietnam Dear Ms. Shibles: In your letter dated December 4, 2019, you requested a tariff classification ruling on behalf of your client Plantech Technology Limited. Two samples were submitted with your ruling request and will be returned under separate cover. The products, identified as styles “QK 70G” and “QK 160G” are nonwoven fabrics. In your request and subsequent correspondence, you state that these products are composed of 100 percent polypropylene staple fiber. The fabric is formed by needle-punching and thermal calendar bonding. The fabrics weigh 70 g/m2 and 160 g/m2, respectively, and may be produced in China or Vietnam. The intended use of these nonwoven fabrics will be in landscaping applications. The applicable subheading for style “QK 70G,” will be 5603.92.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Nonwovens, whether or not impregnated, coated, covered or laminated: Other: Weighing more than 25 g/m2 but not more than 70 g/m2… Other. The rate of duty will be Free. The applicable subheading for style “QK 160G” 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. Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 5603.92.0090, and 5603.94.9030 HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to subheading 5603.92.0090, and 5603.94.9030 HTSUS, listed above. The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china, respectively. 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 the 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 Michael Capanna via email at [email protected] Sincerely, Steven A. Mack Director National Commodity Specialist Division