HQ 951172: Request for reconsideration of HRL 089360; aramid fibers;tow; nonwovens; strip; extrusion; HRL 089360 affirmed.

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 951172

                        September 4, 1992



CLA-2 CO:R:C:T 951172 CRS

CATEGORY:  Classification

TARIFF NO.:  5603.00.9070

R. Kevin Williams
Sonnenberg, Anderson, O'Donnell & Rodriguez
200 South Wacker Drive
33rd Floor
Chicago, IL 60606

RE:  Request for reconsideration of HRL 089360; aramid fibers;
tow; nonwovens; strip; extrusion; HRL 089360 affirmed.

Dear Mr. Williams:

     This is in reply to your letter dated February 10, 1992, on
behalf of Mitsuboshi Belting, Ltd., requesting reconsideration of
Headquarters Ruling Letter (HRL) 089360 dated July 30, 1991.  A
meeting to discuss this matter was held at Customs Headquarters
on April 16, 1992.  Our decision follows below.

FACTS:

     The merchandise in question consists of strands or "strips"
of aramid fibers coated with rubber.  The individual strands are
made by cutting nonwoven material into 3 mm wide "strips."   The
material from which the "strips" are cut is made by melt spinning
aramid fibers and drawing them to create tow.  The drawn tow is
spread to a width of 200 mm, immersed in a rubber solution, and
passed through a heating chamber.  As a result of this process,
the aramid fibers are bound together in 200 mm "strips" which are
then cut into 3 mm "strips" to produce the merchandise at issue.

ISSUE:

     The issue presented is whether nonwoven material that is cut
into "strips" 3 mm in width is classifiable as strip of synthetic
textile material or under the provision for nonwoven filaments as
held in HRL 089360.

LAW AND ANALYSIS:

     Two headings are relevant for the purposes of this ruling: 
heading 5603, Harmonized Tariff Schedule of the United States
Annotated (HTSUSA), which provides for nonwovens, whether or not
impregnated, coated, covered or laminated; and heading 5404,
HTSUSA, which provides, inter alia, for strip and the like of
synthetic textile materials.

     In HRL 089360 we stated that the process by which the
subject merchandise was manufactured was characteristic of that
used to produce nonwovens and that, consequently, the "strips" at
issue were classifiable in heading 5603.  In your letter of
February 10th you acknowledge that "[t]he 200 mm wide strip would
fall within the definition of a nonwoven since it is a 'web ...
of textile fibers oriented directionally ... and bonded.'"  When
this material is cut into strips 3 mm in width, however, you
contend that it loses the character of a nonwoven of heading 5603
and assumes that of strip of heading 5404.  As to whether strip 
of heading 5404 may be so derived we look first to the legal
notes to Chapter 54 and Section XI; however, as these are silent,
we turn to the Harmonized Commodity Description and Coding System
Explanatory Notes for guidance.

     The Explanatory Notes comprise the official interpretation
of the Harmonized System at the international level (four and six
digits).  Although they are not legally binding, Customs accords
the Explanatory Notes substantial weight in construing the terms
of the headings and subheadings at the international level of the
HTSUSA.  The Explanatory Note (EN) to heading 5404 defines "strip
and the like of synthetic textile materials" as being "flat, of a
width not exceeding 5 mm, either produced as such by extrusion or
cut from wider strips or from sheets."  EN 54.04(2), 754.  The
merchandise in question was not extruded as strip; accordingly,
it is only classifiable as strip if it was either "cut from wider
strips or from sheets."  Nevertheless, in Customs' view, both
wider strips and sheets must themselves be extruded.  HRL 089360
at 5.  The instant merchandise was made by chemically bonding
filament tow to form a nonwoven material.  Subsequently, the
nonwoven material was cut into strands or "strips" 3 mm wide to
produce the merchandise at issue.

     The fact that the instant nonwoven "strips" are cut into 3
mm wide sections does not transform them into strip of heading
5404, any more than the cutting of a woven fabric into "strips"
measuring less than 5 mm in width would result in that
merchandise being classified in heading 5404.  For example,
"strips" of woven fabric, unless provided with selvedges on both
edges, would be classifiable in the appropriate provision for
woven fabric.  Similarly, nonwoven material cut into "strips"
remains classifiable as a nonwoven of heading 5603.

HOLDING:

     The merchandise in question is classifiable in subheading
5603.00.9070, HTSUSA, under the provision for nonwovens, whether
or not impregnated, coated, covered or laminated, of filaments. 
It is dutiable at the rate of 12.5 percent ad valorem and is
subject to textile category 223. 

     Pursuant to the foregoing, HRL 089360 dated July 30, 1991,
is affirmed.

     The designated textile 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 renegotiations and changes, to obtain the
most current information available, we suggest that your client
check, close to the time of shipment, the Status Report on
Current Import Quotas (Restraint Levels), an internal issuance of
the U.S. Customs Service, which is available for inspection 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 importation of this merchandise to
determine the current status of any import restraints or
requirements.

                         Sincerely,





                         John Durant, Director