NY 0850398 - The tariff classification of eight laminated fabrics from China. - United States International Trade Commision Rulings

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NY 850398

April 4, 1990

CLA-2-39:S:N:N3H:350 850398

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.20.0000; 3921.90.1500

Ms. Tina Helsell
Tonkyo Enterprises, Inc.
100 Pine Street - Suite 2025
San Francisco, CA 94111

RE: The tariff classification of eight laminated fabrics from China.

Dear Ms. Helsell:

In your letter dated March 8, 1990, you requested a tariff classification ruling.

While you expressed an interest in the classification of various products made from the instant fabric samples, this will not be possible unless you supply us with either actual samples and/or detailed drawings, photos etc. of the various items you intend to import. Requests should be limited to five items or less. Specifically, eight samples were submitted. All are composed of woven polyethylene man-made fiber textile strips that have been laminated on both sides with a polyethylene plastics film. The first three samples (styles DE10103.5C, DE10114C and DE1011144C) differ from the other five (DE10883.5DB, DE10104MW, DE85102.7Co, DE90102.5DG and DP10104Gr) in that the laminating film is a clear plastic (not visible to the naked eye) and the strips appear to be colored. Your correspondence indicates that these fabrics will be used in the manufacture of packing bags and have the following specifications:

STYLE YARN COUNT FILM THICKNESS DENIER
1. DE10103.5C 10x10 0.035mmx2 1000
2. DE10114C 11x11 0.04mmx2 1000
3. DE101144C 11x14 0.04mmx2 1000
4. DE10883.5DB 8x8 0.035mmx2 1000
5. DE10104MW 10x10 0.04mmx2 1000
6. DE85102.7Co 10x10 0.027mmx2 850
7. DE90102.5DG 10x10 0.025mmx2 900
8. DP 10104Gr 10x10 0.04mmx2 1000

The applicable subheading for the first three styles will be 5407.20.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics obtained from synthetic filament strip or the like. The rate of duty will be 17 percent ad valorem.

The applicable subheading for the last five styles will be 3921.90.1500, Harmonized Tariff Schedule of the United States (HTS), which provides for other plates, sheets, film, foil and strip, of plastics combined with textile materials and weighing not more than 1.492 kg/m2: Products with textile components in which man-made fibers predominate by weight over any other single textile fiber: not over 70 percent by weight of plastics.

This merchandise falls within textile category designations 620 (5407.20.0000) and 229 (3921.90.1500), respectively. Based upon international textile trade agreements, products of China are subject to quota and the requirement of a visa.

Due to the changeable nature of these agreements you are advised to contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

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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