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NY 870867


February 20, 1992

CLA-2-59:S:N:N3H:350 870867

CATEGORY: CLASSIFICATION

TARIFF NO: 5903.90.2000; 5903.90.2500; 5907.00.9090

Mr. C. Kubli
James J. Boyle & Co.
371 Allerton Avenue
So. San Francisco, CA 94080

RE: The tariff classification of "REF-LITE" reflecting material, from Japan.

Dear Mr. Kubli:

In your letter dated January 21, 1991, on behalf of Sumitomo Corporation of America, you requested a tariff classification ruling.

Since the products for which you request classification are grouped by series and then by grade, we are only going to classify those items for which there is a representative sample (if possible).

Grades 1101 and 1204 (1000 Series), 8214 and 8303 (8000 Series), and 9301 (9000 Series), all consist of a woven backing fabric composed wholly of man-made fibers that has been coated on one surface with micro- sphere glass beads which impart a reflective quality to the fabric.

Grades 10103 and 10717 (10000 Series), consist of similar glass spheres encapsulated in plastic. These are considered to be plastic materials and have been laminated to woven man-made fiber backing fabrics. While you did not identify the plastics substance, it does not appear to be either a PVC or polyethylene. The ratio of the plastic vis a vis the textile, while not furnished with your inquiry, will affect the classification of these two grades.

We will not, unfortunately, be able to respond to the classification of any grades in the 2000 series because no representative sample has been furnished. Additionally, we will not be able to provide a classification for Grade 9501 noting that the composition and construction was not provided and the nature of the product is not clear from the instant sample.

The aforementioned materials are designed to be applied to such things as shoes, clothes and caps, etc. We note, per your literature, that they enable drivers to see the wearer of such fabrics even in the depths of winter darkness.

The applicable subheading for Grades 1101, 1204, 8303, 8214 and 9301, will be 5907.00.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for textile fabrics otherwise impregnated, coated, covered or laminated, of other than vegetable fibers. The rate of duty will be 5.8 percent ad valorem.

The applicable subheading for Grades 10103 and 10717, if over 70 percent by weight of plastics, will be 5903.90.2000, HTS, which provides for textile fabrics, impregnated, coated, covered or laminated with plastics, of man-made fibers, with duty at the rate of 4.2 percent ad valorem. If not over 70 percent by weight of plastics, classification would fall in item 5903.90. 2500, HTS, with duty of 8.5 percent ad valorem.

The products mentioned above which are classified in either item 5903.90.2500 or 5907.00.9090, fall within textile category designation 229. Based upon international textile trade agreements, products of Japan are subject to quota and the requirement of a visa. There are no textile restraints for any materials classified in HTS item 5903.90.2000.

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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