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NY 858572


January 3, 1991

CLA-2-39:S:N:N3H:350 858572

CATEGORY: CLASSIFICATION

TARIFF NO.: 3921.90.1500; 4602.90.0000; 5407.20.0000

Mr. R.L. Rastogi
Paramount Trading Corp.
131 West 35th Street, 11th floor
New York, NY 10001-2111

RE: The tariff classification of three 'coated` woven fabrics from Korea, Brazil or India.

Dear Mr. Rastogi:

In your letters dated October 18, and December 5, 1990, you requested a tariff classification ruling.

We wish to note that while your first letter was temporarily lost in the mail, it eventually caught up with your second submission, and, therefore, we are answering both under one cover. Three samples labeled A, B, and C were submitted with your two inquiries and are described in your letter as follows:

(A) Woven mesh construction 5x5, 900D, 950D or 1000D, clear or black color tape, width of tape 5.08/5.1mm, coating colors blue/blue or black/blue, coating 1.2 mil or 30 micron on each side, fabric widths 48", 60", 72", and 78".

(B) Woven mesh construction 8x8, 900D or 950D, clear or black color tape, width of tape less than 5mm, coating colors black/black or black/green or blue/blue, coating 1.2 mil or 30 micron on each side, fabric widths 48", 60", 72" or 78".

(C) Woven mesh construction 8x8, 900D or 1000D, clear tape, width of tape less than 5mm, clear coating on both sides, coating thickness 1.2 mil or 30 micron on each side, fabric widths 48," 60", 72", 78" and 84". The coating on this fabric is not visible to the naked eye, wherein it was on fabrics A and B.

We want to emphasize that with regard to sample (A), the stated widths of the strips from which it is constructed is 5.08 - 5.1mms, however, some of them measured under 5mm. This is significant because it makes plastic strips that are under 5mm a textile material for tariff purposes. In fact, if more than 50 percent of the strips are found to be under 5mm, the material would be subject to textile restraints. Additionally, the strips of sample fabric (B), i.e. the orange fabric of letter 858572 have been crimped which made them thicker, but still under 5mm in apparent width. Finally, while you did not indicate the type of plastic used in either the strips or coating, they are of an olefin type.

The duty rates and classification for these three fabrics is as follows:

Samples A and B, where the strips measure under 5mm in apparent width, are classifiable under the provision 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, in item 3921.90.1500, HTS, with duty of 8.5 percent ad valorem. Sample A, with strips measuring over 5mm in apparent width, is classifiable under the provision for basket work....and other articles made directly to shape from plaiting materials or made up from articles of heading 4601, of other than vegetable materials, in item 4602.90.0000 HTS, with duty of 5.3 percent ad valorem. This item, if imported from India or Brazil, is eligible for duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. Finally, Sample (C) is classifiable under the provision for woven fabrics obtained from synthetic filament strip or the like, in item 5407.20.0000, HTS, with duty of 17 percent ad valorem.

The fabrics classifiable in items 5407.20.0000 and 3921.90.1500, HTS, fall within textile category designations 620 and 229 respectively. Based upon international textile trade agreements, products of either Brazil, Korea, or India are subject to a visa requirement. These items would additionally be subject to quota from Korea.

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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