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NY 881119





December 28, 1992
CLA-2-56:S:N:N6:350 881119

CATEGORY: CLASSIFICATION

TARIFF NO: 5603.00.9090

Mr. Richard J. Oates
Page & Jones, Inc.
52 N. Jackson Street
Post Office Drawer J
Mobile, AL 36601

RE: The tariff classification of nonwoven "dusting paper", from Japan.

Dear Mr. Oates:

In your letter dated December 2, 1992, on behalf of Sony Magnetic Products Inc., you requested a tariff classification ruling.

Your letter states that this dusting paper is composed of 47% rayon, 43% pulp and 10% polyvinyl chloride alcohol, by weight. While the pulp portion has not been identified, the rayon and PVA are considered to be textile fibers. This material will be imported in rolls measuring 645mm wide and 50 meters in length and is to be used on a machine for the removal of particles on magnetic tape after the converting process. We note per a recent telephone conversation with your office that there are no ongoing shipments for this merchandise.

While it is your opinion that this material is classified under technical use provision 5911.90, HTS, as a flat woven textile with multiple warp and weft; the material, is in fact, of nonwoven construction. Additionally, the fabric is not one of the enumerated textile materials listed in Chapter 59, note 7. This material is provided for by name following General Rule of Interpretation 1 as a nonwoven, whether or not impregnated, coated, covered or laminated.

Accordingly, the applicable subheading for the product will be 5603.00.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for nonwovens, whether or not impregnated, coated, covered or laminated, of staple fibers. The rate of duty will be 12.5 percent ad valorem.

The product falls within textile category designation 223. Based upon international textile trade agreements, products of Japan 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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