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NY 855254


SEP 04 1990

CLA-2-54:S:N:N3H:352 855254

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.10.0010; 5407.10.0090

Mr. Shunji Hata
Izumi America, Inc.
420 Lexington Avenue
New York, New York 10170

RE: The tariff classification of polyester filament fiber woven fabric from Japan.

Dear Mr. Hata:

In your letter dated August 3, 1990, you requested a classification ruling.

Three samples of plain woven fabric accompanied your correspondence. All three of these fabrics will be used to manufacture sails. The first sample, designated as style T- 1003S, is composed of 100% filament fiber non-textured polyester. It contains 117 single yarns per inch in the warp and 91 single yarns per inch in the filling. Constructed with 100 denier yarns in both the warp and the filling, this fabric is manufactured from yarns with an average tenacity of 67 centinewtons per tex. It weighs 103 g/m2 and will be imported in 91.44 centimeter widths. The fabric has been coated with melamin resin which represents 6% of the total weight of the fabric. The plastic coating is not visible to the naked eye.

The second sample, identified as style T-1006S, is composed of non-textured filament polyester. It contains 98 single yarns per inch in the warp and 68 single yarns per centimeter in the filling. The fabric is constructed using 250 denier yarns in both the warp and the filling. The average tenacity of the yarns used to produce this item is 67 centinewtons per tex. Weighing 226 g/m2, the fabric will be imported in 91.44 centimeter widths. This fabric has been coated with melamin plastic; however the coating is not visible to the naked eye.

The third sample, designated as style T-1009S, is composed of non-textured filament polyester. It contains 147 warp ends per inch and 52 filling picks per inch. The fabric is constructed using 150 denier 2-ply yarns in the warp and 250 denier 2-ply yarns in the filling. The average tenacity of the yarns in this product is 67 centinewtons per tex. Weighing 320 g/m2, the fabric will be imported in 91.44 centimeter widths. The fabric has been coated with melamin plastic but the coating is not visible to the naked eye.

Although you have indicated that all three fabrics have been coated with a melamin resin, they are not considered coated fabrics for the purposes of heading 5903, Harmonized Tariff Schedule of the United States (HTS). Note 2 to Chapter 59 states in part that:

Heading 5903 applies to:

(a) Textile fabrics, impregnated, coated, covered or laminated with plastics, whatever the weight per square meter and whatever the nature of the plastics material (compact or cellular), other than:

(1) Fabrics in which the impregnation, coating or covering cannot be seen with the naked eye
(usually chapters 50 to 55, 58 or
60); for the purposes of this provision, no account should be taken of any resulting change of color;

Since the plastic coating on these three fabrics cannot be seen with the naked eye, they are precluded from classification in heading 5903, HTS, as textile fabrics coated, covered or impregnated with plastics.

The applicable subheading for the fabric designated as style T-1003S will be 5407.10.0010, HTS, which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404, woven fabrics obtained from high tenacity yarn of nylon or other polyamides or of polyester, of polyester, weighing not more than 170 g/m2. The duty rate will be 17 percent ad valorem.

The applicable subheading for the fabrics designated as styles T-1006S and T-1009S will be 5407.10.0090, HTS, which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404, woven fabrics obtained from high tenacity yarn of nylon or other polyamides or of polyester, other. The duty rate will be 17 percent ad valorem.

The fabric designated as style T-1003S falls within textile category designation 619. Based upon international textile trade agreements, products of Japan are subject to visa requirements and quota restraints.

Styles T-1006S and T-1009S fall within textile category designation 620. Based upon international textile trade agreements, products of Japan are subject to visa requirements and quota restraints.

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 renegotiations 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 internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

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,

Jean F. Maguire
Area Director

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