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NY 852764


June 21, 1990

CLA-2-56:S:N:N3H:350 852764

CATEGORY: CLASSIFICATION

TARIFF NO.: 5603.00.3000

Mr. Walter T. Brown
Toyomemenka (America) Inc.
1285 Avenue of the Americas
New York, NY 10019

RE: The tariff classification of a laminated fabric known as `Exacoat' for use in apparel from Japan.

Dear Mr. Brown:

In your letter dated May 18, 1990, you requested a tariff classification ruling.

The fabric sample submitted, known as `Exacoat,' is stated to be waterproof and breathable and is designed to be inserted between the shell and lining of outerwear garments and gloves. We assume it will be imported in rolls. You only write that "the contents are polyester as a base cloth with the covering film being polyurethane." From a visual examination, the polyester fabric is a nonwoven that appears to have been manufactured by a melt blown method. This nonwoven layer is approximately 1.5 mm thick. The covering (one side) of polyurethane film (approx. 0.06 mm) appears to have been laminated to the nonwoven textile.

The applicable subheading for the fabric will be 5603.00.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for laminated nonwovens, whether or not impregnated, coated or covered. The rate of duty will be 16 percent ad valorem.

This merchandise falls within textile category designation 223. Based upon international textile trade agreements, products of Japan are subject to quota and the requirement of a visa.

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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