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NY 859914


FEB 13 1991

CLA-2-54:S:N:N3H:352 859914

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.42.0030; 5407.41.0030; 5407.42.0060

Ms. Jennie Feng
Fabtex Inc.
14516 S. Garfield Avenue
Paramount, CA 90723

RE: The tariff classification of 100% nylon woven fabric from Taiwan.

Dear Ms. Feng:

In your letter dated January 25, 199l, you requested a classification ruling.

You have submitted six (6) samples of nylon woven fabric that are coated with polyurethane on one surface. Three (3) samples identified as style no. 200, are composed of 100% nylon filament fibers. The fabrics are constructed using 210 denier yarns in both the warp and the filling. The textile components of these fabrics weigh 109 g/m2, and the polyurethane coating weighs 16 g/m2. The combined weight of this merchandise is 125 g/m2. Each fabric contains 64 single yarns per centimeter in the warp and 54 single yarns per centimeter in the filling. These fabrics are plain woven and dyed a solid color. These fabrics may be differentiated by designating them as colors (a) yellow, (b) turquoise and (c) white.

The three (3) samples identified as style no. 421, are composed of 100% nylon filament fibers. The fabrics are constructed using 420 denier yarns in both the warp and the filling. The textile components of these fabrics weigh 159.40 g/m2, and the polyurethane coating weighs 21.60 g/m2. The combined weight of this merchandise is 181 g/m2. Each fabric contains 50 single yarns per centimeter in the warp and 36 single yarns per centimeter in the filling. These fabrics are plain woven and dyed a solid color. These fabrics may be differentiated by designating them as colors (a) silver, (b) royal and (c) red.

Note 2 to Chapter 59, Harmonized Tariff Schedules of the United States, (HTS), defines the coverage of heading 5903, under which textile fabrics which are coated, covered, impregnated, or laminated are classifiable. Note 2 states that heading 5903, HTS, 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 chapter 50 to 55, 58 or 60); for the purpose of this provision, no account should be taken of any resulting change in color; Since the polyurethane coating on these fabrics is not visible to the naked eye, they are not classifiable in heading 5903, HTS.

The applicable subheading for the two samples of style no. 200, identified as colors turquoise and yellow, will be 5407.42.0030, HTS, which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404, other woven fabrics, containing 85 percent or more by weight of filaments of nylon or other polyamides, dyed, weighing not more than 170 g/m2. The duty rate will be 17 percent ad valorem.

The applicable subheading for style no. 200, identified as color white, will be 5407.41.0030, HTS, which provides for other woven fabrics, containing 85 percent or more by weight of filaments of nylon or other polyamides, unbleached or bleached, other, weighing not more than 170 g/m2. The duty rate will be 17 percent ad valorem.

The applicable subheading for all three samples of style no. 421, will be 5407.42.0060, HTS, which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404, other woven fabrics, containing 85 percent or more by weight of filaments of nylon or other polyamides, dyed, weighing more than 170 g/m2. The duty rate will be 17 percent ad valorem.

These six (6) samples of nylon woven fabrics fall within textile category designation 620. Based upon international textile trade agreements, products of Taiwan are subject to quota restraints and visa requirements.

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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