The tariff classification of two needleloom felt permeable fabric membranes, from Canada.

NY B86729 July 3, 1997 CLA-2-56:RR:NC:TA:350 B86729 CATEGORY: Classification TARIFF NO.: 5602.10.9090 Ms. Heather Burroughs Tower Group International 6730 Middlebelt Road Romulus, MI 48174-2039 RE: The tariff classification of two needleloom felt permeable fabric membranes, from Canada. Dear Ms. Burroughs: In your letter dated April 30, 1997 and Fax dated May 25, 1997, on behalf of Albarrie Environmental Services, Ontario, Canada, you requested a tariff classification ruling. You state in your letter that there are no ongoing transactions other than one specific entry under consideration for NAFTA eligibility. Two representative samples were submitted. Both materials are needled polyester fluidizing membranes. These membranes have been developed specifically for pneumatic aeration conveyor systems through which air flows and encapsulates dry powder particles in air bubbles, and conveys the particles by combining a pneumatic vacuum with the force of gravity in a friction free environment. Their chief use is in the transfer of very light dusts, like cement, usually in an industrial plant setting or in the unloading of materials from tank trucks or rail cars. These materials remain stationary while performing their function on the various machinery apparatus. The first item, identified as Polyester Airglide Polyveyor Style 1950, consists of a needleloom felt made up of polyester fibers needled through a woven base fabric composed of polyester man-made fibers. You state that this material is composed of 84% polyester man-made fibers and 16% polyester fabric, by weight. The material weighs 120 oz's per square yard and measures 1/4" in thickness. This material is designed for use in transport systems called air slides. The second material, identified as Style 1951, is similar in construction and configuration to style 1950. It appears to be slightly lighter and is composed of 89% polyester fibers and 11% polyester woven fabric, by weight. The material weighs 90 oz's per square yard and, according to your literature, also measures 1/4" in thickness. This material is used predominately in bins and tents. Both of these materials will be imported as piece goods. That is, they will be sold to the end users un-cut and trimmed to exact size after installation. Classification in subheading 5911.90, as an article for technical use, as you suggest, is not applicable, since the material is being imported as piece goods. Additionally, note 7(a) (i)-(vi) to 5911 is very specific on the types of fabrics included therein. The subject qualities do not meet any of the definitions of these enumerated textile products. The applicable tariff provision for the two materials will be 5602.10.9090, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for needleloom felt and stitch-bonded fiber fabrics, not laminated, of other than wool or fine animal hair. The general rate of duty will be 11.9 percent ad valorem. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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 212-466-5884. Sincerely, Paul K. Schwartz Chief, Textiles & Apparel Branch National Commodity Specialist Division