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NY 868091


October 25, 1991

CLA-2-39:S:N:N3H:350 868091

CATEGORY: CLASSIFICATION

TARIFF NO.: 3921.90.2550

Ms. Maria B. Dunn
F.X. Coughlin Co.
277 Southfield Parkway, Suite 120
Forest Park, GA 30050

RE: The tariff classification of a industrial door panel material, from Brazil.

Dear Ms. Dunn:

In your letter dated October 18, 1991, on behalf of Albany International, you requested a tariff classification ruling.

You indicate in your letter that this material has recently been imported through various ports of entry. You also state that there are no issues pending before the U.S. Customs Service for this merchandise. However, the importer is requesting this ruling to ensure uniformity of processing at all ports of entry. We further note the enclosed copy of a CF-29 and Lab Report for this merchandise which was generated back in 1989 for this product. To date there have been no reports of any further conflict.
The instant sample, identified in your letter as "ROLLTEX", consists of woven industrial door panel material composed of rugged polyester monofilaments that has been visibly coated on both sides with a PVC plastics material. A laboratory report furnished with your inquiry, while not recent, indicates this material has the following composition by weight: PVC 32.4%/Polyester 67.6%. The material is approximately 2mm thick and weighs 2.35 kilograms per square meter.

We presume the material composition of this product has not changed since this report was issued. A copy of a recent commercial invoice enclosed with your other documents indicates that this material will be imported as roll goods of 150 foot lengths and in varying widths of 111 inches to 222 inches.

You write that the importer has made entry under item 3921.90.1500, HTS, but based on the weight of the product, the applicable subheading for the item will be 3921.90.2550, 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 more than 1.492 kilograms per square meter, 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. The rate of duty will be 16 percent ad valorem.

This merchandise falls within textile category designation 229. Based upon international textile trade agreements, products of Brazil are subject to a visa requirement.

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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