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NY 890540



November 24, 1993

CLA-2-54:S:N:N6:350 890540

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.42.0030; 5407.42.0060

Mr. Jackson Chuang
Metro Textile Inc.
535 Anton Blvd. # 930
South Coast Metro Center
Costa Mesa, CA 92626

RE: The tariff classification of four nylon packcloth fabrics, from Thailand.

Dear Mr. Chuang:

In your letter dated August 31, 1993, you requested a tariff classification ruling. You state that you are a manufacturer's representative of Mun Ying Co., Ltd., Thailand.

You request a tariff classification for style #5032 which comes in four colors: black, navy, red and royal blue. All of the fabrics are of 100% woven nylon construction (420D x 420D/50 x 32, 60" wide) having a clear plastic coating and the following weight specifications were provided:

Wt. before coating; 4.02oz/y2 (136.3g/m2) 77% Coating weight: 1.20oz/y2 (40.7g/m2) 23%
Total weight: 5.22oz/y2 (177.0g/m2) 100%

The New York Customs laboratory analyzed the four samples and made the following determination:

Black Red Navy
Royal blue

Wt. of sample with PU 178g/m2 181g/m2 183g/m2 169g/m2
Wt. of woven nylon 160g/m2 168g/m2 167g/m2 153g/m2
Wt. of PU application 18g/m2 13g/m2 16g/m2 16g/m2 Single warp yarns per cm 50 50 50
50
Single filling yarns/cm 35 35 35
35

Composition by weight:

Woven nylon 90% 93% 91%
PU plastic 10% 7% 9%

We note that the overall material weights vary slightly from each other but were all close to your single stated weight of 5.22oz/y2 (177g/m2). However, our laboratory found an appreciably less amount of plastic coating substance. This slight clear coating is not visible to the naked eye.

The applicable subheading for style #5032 in color royal blue, will be 5407.42.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of synthetic filament yarn, containing 85 percent or more by weight of filaments of nylon or other polyamides, dyed, weighing not more than 170g/m2. The rate of duty will be 17 percent ad valorem.

The applicable subheading for style #5032 in colors black, red and navy will be 5407.42.0060, HTS, which provides for woven fabrics... weighing more than 170g/m2. The duty rate is also 17 percent ad valorem.

This merchandise, in all four colors, falls within textile category designation 620. Based upon international textile trade agreements, products of Thailand 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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