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NY 867677


October 24, 1991

CLA-2-59:S:N:N3H:350 867677

CATEGORY: CLASSIFICATION

TARIFF NO: 5903.10.2500; 5407.42.0060

Ms. Connie Hagarman
The A.W. Fenton Company Inc.
1157 Rarig Avenue
Columbus, OH 43219-2357

RE: The tariff classification of two "coated/laminated" fabrics, from Taiwan.

Dear Ms. Hagarman:

In your letter dated October 1, 1991, on behalf of Golden Pacific Inc., you requested a tariff classification ruling.

The first item (red) consists of a plain woven 430 denier nylon fabric that has been laminated with a PVC plastics material. This plastic portion has been embossed to create a woven effect. You indicate that the weight of the nylon textile portion will vary from 7.2 to 7.8 ounces per square yard with the weight of the vinyl varying from 5.2 to 5.8 ounces. In either case, the plastic does not comprise over 70 percent by weight of the total weight of the fabric.

The second item (black) consists of a woven nylon fabric of 420 denier that has been lightly coated on the back surface with a polyurethane plastics material. While this coating does impart a slight shine to the treated surface, it is not readily apparent to the naked eye. The weight of the nylon in this material will vary from 5.2 to 5.8 ounces per square yard. You did not specify the weight of the coating. Both fabrics will be imported in rolls measuring 58 inches by 150 yards. You did not indicate the end use of either of these two materials.

The applicable subheading for the first item (red) will be 5903.10.2500, Harmonized Tariff Schedule of the United States (HTS), which provides for textile fabrics impregnated, coated, covered or laminated with plastics, with polyvinyl chloride, of man-made fibers, not over 70 percent by weight of plastics. The rate of duty will be 8.5 percent ad valorem. The applicable subheading for the second item (black), will be 5407.42.0060, HTS, which provides for woven fabrics of synthetic filament yarn, containing 85 percent or more by weight of nylon or other polyamides, dyed, weighing more than 170 grams per square meter. The duty rate is 17 percent ad valorem.

The first item (red) falls within textile category designation 229 while the second item (black) falls in textile category 620. Based upon international textile trade agreements, products of Taiwan 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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