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NY 872387


March 27, 1992

CLA-2-59:S:N:N3H:350 872387

CATEGORY: CLASSIFICATION

TARIFF NO: 5903.20.2500

Ms. Jennie Feng
Fabtex Inc.
1980 Wright Avenue
LA Verne, CA 91750

RE: The tariff classification of a coated fabric, from Taiwan.

Dear Ms. Feng:

In your letter dated March 11, 1992, you requested a tariff classification ruling.

The instant sample, style 900PC, submitted in three representative colors (maroon, black and dark gray), consists of a 100% polyester woven fabric composed of filament yarns. The fabric has been appreciably coated on one surface with a clear polyurethane plastics material that is visible to the naked eye. While you did not indicate the end use of the fabric, it is a packcloth type material. You provided the following technical specifications:

Construction: 300D x 300D/36 X 34

Wt. of fabric: 229.56 grams per square meter (77.4%)

PU plastic : 67.22 grams per square meter (22.6%)

Total: 296.78 grams per square meter

As can be seen from the above numbers, the fabric is not over 70 percent by weight of the plastic portion.

The applicable subheading for the material will be 5903.20.2500, Harmonized Tariff Schedule of the United States (HTS), which provides for textile fabrics impregnated, coated, covered or laminated with plastics, with polyurethane, of man- made fibers, not over 70 percent by weight of rubber or plastics. The rate of duty will be 8.5 percent ad valorem.

The product falls within textile category designation 229. 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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