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NY 884010




April 2, 1993

CLA-2-59:S:N:N6:350 884010

CATEGORY: CLASSIFICATION

TARIFF N0.: 5903.20.2500

Mr. James Taylor
Tex-Pro Western Limited
1221 Franklin Street
Vancouver, B C , Canada
V6A lJ8

RE: The tariff classification of a fabric for use in the manufacture of protective garments, from Japan.

Dear Mr. Taylor:

In your letter dated March 10, 1993, you requested a tariff classification ruling.

You submit a small swatch of material and simply refer to it as a polyurethane coating between woven layers of polyester and nylon put up in full width rolls, approximately 100 yards per roll. You do not furnish any fabric specifications, overall weight of the material, specific weights of the individual fabrics or the weight or amount of the plastic substance. You do not identify the material by either style or quality name or number. From appearance, the material contains less than 70 percent by weight of plastic. Further, you state that both fabrics are woven, yet the fabrics of the submitted samples are both of knit construction. Was the correct sample submitted?

There is no real way to identify or relate the submitted sample with the material to be imported.

Material of this type, in which a sandwiched layer of plastic is visible in cross section between two layers of textile, is generally, classifiable as a coated fabric.

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 plastics. The rate of duty will be 8.5 percent ad valorem.

This merchandise falls within textile category designation 229. 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 0n 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 kbeattached 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
New York Seaport

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