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NY 876010


July 27, 1992

CLA-2-54:S:N:N3H:352 876010

CATEGORY: CLASSIFICATION

TARIFF NO: 5407.42.0030; 5407.42.0060

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

RE: The tariff classification of three samples of woven fabric from Thailand.

Dear Ms. Feng:

In your letter dated July 1, 1992, you requested a tariff classification ruling.

You have submitted three samples of woven fabric. Sample A, identified as style #T200, is composed of 100% filament nylon. It is constructed using 210 denier yarns in both the warp and the filling. The textile component of this fabric weighs 110 g/m2 while the polyurethane coating on one surface of this fabric weighs 16 g/m2. This product has a combined weight of 126 g/m2. The merchandise is plain woven and has been dyed a single uniform color. The fabric contains 23.6 single yarns per centimeter in the warp and 20.4 single yarns per centimeter in the filling.

Sample B is identified as style #T420. This merchandise is composed of 100% filament nylon. It is constructed using 420 denier yarns in both the warp and the filling. The fabric contains 15.7 single yarns per centimeter in the warp and 15.3 single yarns per centimeter in the filling. The textile component of this fabric weighs 157.3 g/m2 while the polyurethane coating on one surface of this fabric weighs 19.6 g/m2. The combined weight of this product is 176.9 g/m2. It is plain woven and has been dyed a single uniform color.

Sample C, style #T421, is composed of 100% filament nylon. It is constructed using 410 denier yarns in both the warp and the filling. This merchandise contains 15.7 single yarns per centimeter in the warp and 15.3 single yarns per centimeter in the filling. It is plain woven and has been dyed a single uniform color. The textile component of this fabric weighs 157.3 g/m2 while the coating weighs 21.3 g/m2. The combined weight of this product is 178.6 g/m2.

Note 2 to Chapter 59, Harmonized Tariff Schedule of the United States, (HTS), defines the scope of heading 5903, under which textile fabrics which are coated, covered, impregnated, or laminated with plastics are classifiable. Note 2 states in part that heading 5903, HTS, applies to:

(A) Textile fabrics, impregnated, coated, covered or laminated with plastics, whatever the weight per square meter and whatever the nature of the plastics material (compact or cellular), other than:

(1) Fabrics in which the impregnation coating or covering cannot be seen with the naked eye (usually chapter 50 to 55, 58 or 60); for the purpose of this provision, no account should be taken of any resulting change in color;

Since the polyurethane coating on these fabrics is not visible to the naked eye, they are not classifiable in heading 5903, HTS.

The applicable subheading for style #T200 will be 5407.42.0030, HTS, which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404, other woven fabrics, containing 85 percent or more by weight of filaments of nylon or other polyamides, dyed, weighing not more than 170 g/m2. The rate of duty will be 17 percent ad valorem.

The applicable subheading for styles #T420 and #T421 will be 5407.42.0060, HTS, which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404, other woven fabrics, containing 85 percent or more by weight of filaments of nylon or other polyamides, dyed, weighing more than 170 g/m2. The rate of duty will be 17 percent ad valorem.

All these fabrics fall within textile category designation 620. Based upon international textile trade agreements, products of Thailand are subject to visa requirements and quota restraints.

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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