The tariff classification of a spunbonded nonwoven fabric (Tyvek®), from Belgium.

N168896 June 16, 2011 CLA-2-56:OT:RR:NC:TA:350 CATEGORY: Classification TARIFF NO.: 5603.13.0090 Ms. Eleanore Kelly-Kobayashi Rode & Qualey 55 West 39th Street New York, NY 10018 RE: The tariff classification of a spunbonded nonwoven fabric (Tyvek®), from Belgium. Dear Ms. Kelley-Kobayashi: In your letter dated May 31, 2011, on behalf of your client Becton Dickinson and Company, you requested a tariff classification ruling. Your letter indicates the imported articles are individual pieces of Dupont Tyvek® material which measure 8.50 inches by 7.40 inches. The Tyvek® material is stated to be made from a spunbonded non-woven filament. A sample of the imported item was provided. Tyvek® is a trademark name for spunbonded olefin (man-made fiber) fabric. The sample provided measures approximately 8.5 inches by 7.4 inches and bench tests suggest the material weighs approximately 75 grams per square meter. The sample is rectangular with no rounded edges. You suggest that classification is proper in tariff subheading 5603.12.00, HTS, which provides for nonwovens whether or not impregnated, coated, covered or laminated, of man-made filaments, weighing more than 25 g/m² but not more than 70 g/m², however, this is not correct. As indicated above, the material was informally weighed and found to be approximately 75 grams per square meter. The applicable subheading for the material, therefore, will be 5603.13.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for nonwovens whether or not impregnated, coated, covered or laminated, of man-made filaments, weighing more than 70 g/m² but not more than 150 g/m². The duty rate 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 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 Deborah Walsh at (646) 733-3044. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division