us-cbp-cross-rulings-hq-089360•HQ 089360: Aramid fibers laid parallel and embedded in rubber solution and dried forms nonwoven, not textile strip of heading 5604. Tow; belt; belting; extrusion; draw; bonding
HQ 089360: Aramid fibers laid parallel and embedded in rubber solution and dried forms nonwoven, not textile strip of heading 5604. Tow; belt; belting; extrusion; draw; bonding
us-cbp-cross-rulings-hq-089360HQ 089360: Aramid fibers laid parallel and embedded in rubber solution and dried forms nonwoven, not textile strip of heading 5604. Tow; belt; belting; extrusion; draw; bondingGuidance
Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.
HQ 089360
July 30, 1991
CLA-2 CO:R:C:T 089360 HP
CATEGORY: Classification
TARIFF NO.: 5603.00.9070
Mr. Steven P. Sonnenberg
Sonnenberg, Anderson, O'Donnell & Rodriguez
200 West Adams Street
Suite 2625
Chicago, IL 60606
RE: Aramid fibers laid parallel and embedded in rubber
solution and dried forms nonwoven, not textile strip of
heading 5604. Tow; belt; belting; extrusion; draw; bonding
Dear Mr. Sonnenberg:
This is in reply to your letter of April 2, 1991, to our
New York office, concerning the tariff classification of
belting material, produced in Japan, under the Harmonized
Tariff Schedule of the United States Annotated (HTSUSA).
Please reference your client Mitsuboshi Belting Ltd. Pursuant
to section 177.2(b)(7), CUSTOMS REGULATIONS (19 C.F.R.
177(b)(7)), your request for confidentiality of certain
business information contained within your brief is granted.
FACTS:
The merchandise at issue is described by you as follows:
The subject of this ruling request is
strips of rubber coated aramid textile
fibers. The strips of coated aramid
fibers are a key ingredient in ... rubber
compounds used ... to manufacture
automotive and industrial belts. The
strips, when mixed with rubber, strengthen
the belt, reduce slippage, absorb humidity
and diminish the sound made by the belt
during operation.
... The manufacturing process begins
with the melt spinning of aramid fibers
and the drawing of the fibers into drawn
tow. The drawn tow ... is wound onto
large spools without being cut to shorter
lengths. The ... tow is [then] unwound
from the spools, spread to a width of 200
mm, and immersed in a solution [containing
rubber]. ... From the ... solution, the
coated tow fiber passes through a heating
chamber which dries the ... solution onto
the aramid fibers. This process binds the
aramid fibers together into a 200 mm wide
strip. ... [T]he aramid fibers are aligned
parallel to the length of the 200 mm wide
strip.
After coating with the ... solution,
the 200 mm wide strips of coated aramid
fiber are re-coiled and transferred to the
cutting room. In the final step of the
manufacturing process, the coated 200 mm
wide strips are uncoiled and cut into
3[]mm wide strips. The cut is made across
the grain of the wide strips so that the
aramid fibers in the final product are
uniformly 3 mm in length.
ISSUE:
Whether the instant merchandise is considered coated
strip under the HTSUSA?
LAW AND ANALYSIS:
Heading 5604, HTSUSA, provides for, inter alia, textile
strip of heading 5404, coated with rubber. We must therefore
decide if this material is considered a "strip" of heading
5404.
Heading 5404, HTSUSA, provides for, inter alia, strip and
the like of synthetic textile materials of an apparent width
not exceeding 5 mm. The Explanatory Notes (EN) to the HTSUSA
constitute the official interpretation of the tariff at the
international level. While not legally binding, they do
represent the considered views of classification experts of
the Harmonized System Committee. It has therefore been the
practice of the Customs Service to follow, whenever possible,
the terms of the Explanatory Notes when interpreting the
HTSUSA. The EN to this heading defines "strip and the like"
as:
... flat, of a width not exceeding 5 mm,
either produced as such by extrusion or
cut from wider strips or from sheets.
As we stated above, prior to cutting into the final size,
the large "strips" are constructed by spreading the fibers to
a width of 200 mm and immersing them in a rubber solution.
From this solution, the coated tow fiber passes through a
heating chamber which dries the solution onto the aramid
fibers. This process binds the aramid fibers together into a
200 mm wide "strip." It is your contention that this 200 mm
wide "strip" is the "wider strip" referenced in the
Explanatory Note above. We disagree.
Heading 5603, HTSUSA, provides for nonwovens. The
General Rules of Interpretation (GRIs) to the HTSUSA govern
the classification of goods in the tariff schedule. GRI 1
states, in pertinent part, that:
... classification shall be determined according to
the terms of the headings and any relative section
or chapter notes ...
Goods which cannot be classified in accordance with GRI 1 are
to be classified in accordance with subsequent GRIs, taken in
order. Note 3 to Chapter 56, HTSUSA, states:
Headings 5602 and 5603 cover respectively
felt and nonwovens, impregnated, coated,
covered or laminated with plastics or
rubber whatever the nature of these
materials (compact or cellular):
Heading 5603 also includes nonwovens in
which plastics or rubber forms the bonding
substance.
The EN to heading 5603, HTSUSA, provides:
A nonwoven is a sheet or web of
predominantly textile fibres oriented
directionally or randomly and bonded.
These fibres may be of natural or man-made
origin. They may be staple fibres
(natural or man-made) or man-made
filaments or be formed in situ.
Nonwovens can be produced in various
ways and production can be conveniently
divided into three stages: web formation,
bonding and finishing.
I. Web formation
Four basic
methods exist:
* * *
(b) by extruding filaments
which are direc-
tionally oriented,
cooled and laid down
directly into a web or
which are coagulated,
washed and laid down
directly into a web in
a wet form of the
process (spun laid
process);
(c) by suspending and
dispersing fibres in
water, depositing the
resultant slurry onto
a wire screen and
forming a web by
removal of the water
(wet-laid process);
(d) by various specialised
technologies in which
fibre production, web
formation and usually
bonding occur
simultaneously (in
situ process).
II. Bonding
After web formation
the fibres are assembled
throughout the thickness
and width of the web
(continuous method) or in
spots or patches
(intermittent method).
This bonding can be
divided into three types:
(a) Chemical bonding, in
which the fibres are
assembled by means of
a bonding substance.
This may be done by
impregnation with an
adhesive binder such
as rubber, gum starch,
glue or plastics, in
solution or emulsion,
by heat treatment with
plastics in powder
form, by solvents,
etc. Binding fibres
can also be used for
chemical bonding.
* * *
III. Finishing
Nonwovens may be dyed,
printed, impregnated,
coated, covered or
laminated.
* * *
However, the heading
does not cover the
following products which
fall in Chapter 39 or 40:
(a) Nonwovens, either
completely embedded in
plastics or rubber, or
entirely coated or
covered on both sides
with such materials,
provided that such
coating or covering
can be seen with the
naked eye....
The National Import Specialist, considered by Customs and
the Courts to be the commodity expert in this area, has
informed us that if a heading 5404 or 5405, HTSUSA, "strip" is
not extruded as a "strip," it is normally extruded as a sheet
and then cut into the size of textile "strips." The instant
merchandise is extruded as tow; this tow is later immersed to
produce a sheet/"strip." While neither the legal nor
Explanatory Notes to the HTSUSA expressly disqualify "strips"
produced in this manner, it is our opinion that the
construction process is more specifically characterized as the
fabrication of a nonwoven.
Since the aramid fibers in the instant nonwoven are, via
the bonding process, "completely embedded in ... rubber," one
might assume that classification in heading 5603, HTSUSA,
would be excluded. We do not agree. The language of the
Explanatory Note clearly requires the "nonwoven" to be
completely embedded, not the fibers partially making up that
nonwoven. It is Customs opinion that after the above-
mentioned drying and binding processes take place, the instant
merchandise would once again have to be embedded in rubber (or
plastics) for the Explanatory Note exclusion to be applicable.
HOLDING:
As a result of the foregoing, the instant merchandise is
classified under subheading 5603.00.9070, HTSUSA, textile
category 223, as nonwovens, whether or not impregnated,
coated, covered or laminated, other, other nonwovens, whether
or not impregnated, coated, covered, other, of filaments. The
applicable rate of duty is 12.5 percent ad valorem.
The designated textile and apparel category may be
subdivided into parts. If so, visa and quota requirements
applicable to the subject merchandise may be affected. Since
part categories are the result of international bilateral
agreements which are subject to frequent negotiations and
changes, to obtain the most current information available, we
suggest that you check, close to the time of shipment, the
Status Report On Current Import Quotas (Restraint Levels), an
issuance of the U.S. Customs Service, which is updated weekly
and is available at your local Customs office.
Due to the changeable nature of the statistical
annotation (the ninth and tenth digits of the classification)
and the restraint (quota/visa) categories, you should contact
your local Customs office prior to importing the merchandise
to determine the current status of any import restraints or
requirements.
A copy of this ruling letter should be attached to the
entry documents filed at the time this merchandise is
imported. If the documents have been filed without a copy,
this ruling should be brought to the attention of the Customs
officer handling the transaction.
Sincerely,
John Durant, Director
Commercial Rulings Division
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