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NY 892226



December 1, 1993

CLA-2-39:S:N:N6:350 892226

CATEGORY: CLASSIFICATION

TARIFF NO.: 3921.90.1500; 5903.90.2500

Mr. Paul J. Robinson
Tower Group International, Inc.
6730 Middlebelt Road
Romulus, Michigan 48174-2039

RE: The tariff classification of two coated fabrics from Canada.

Dear Mr. Robinson:

In your letter dated November 2, 1993, on behalf of Shintoa International, P.O. Box 537-A, Springfield, OH, you requested a tariff classification ruling. You did not indicate the name of the Canadian manufacturer.

Two representative samples were submitted. The first item is an open, irregularly woven fabric composed of clear polyethylene man-made fiber textile strips that measure about 2.5mm in width. The mesh size varies from approximately 1 x 1.5mm to 2.5 x 5mm. This fabric has in turn been covered with a clear, we assume polyethylene plastics material which is only visible in the void of the mesh between the strips. While the weight of the plastic vis a vis the textile was not provided, this material is not believed to be over 70 percent by weight of the plastic coating. The following technical specifications were provided:

Construction: HDPE 900 Denier (+ 10%) Natural 5x4.5 counts per inch in warp and fill

Coating: 1.5 Mils Each Side (+ 10%)

Width: 72 inches + 1/2 inch

Weight: 3.1 oz/sq.yd (+ 10%)

Total thickness: 6.5 Mils (+ 10%)

You indicate that the material of this construction will come in other colors, such as blue and green, besides the sample of the clear material that you submitted with this request. Our reply addresses only the classification of this clear material. You may wish to submit samples of the other colors for classification.

The second item, black in color, is somewhat different in construction to the first item. It is closely woven (no open mesh) of black pigmented textile strips and has been coated or laminated on both sides with (assumed) black polyethylene plastic. The plastic film is visible to the naked eye. This coating is also not believed to comprise over 70 percent by weight of the total weight of the fabric. The following technical specifications were provided for this material:

Construction: HDPE 900 Denier (+ 10%) UV Scrim

12x12 counts per inch in warp and fill

Coating: 2.0 Mils Each Side (+ 10%)

Width: 72 inches + 1/2 inch

Weight: 5.6 0z/sq.yd. (+ 10%)

Total thickness: 11 Mils (+ 10%)

You also indicate that this material will come in various colors. Our classification, as in our response to the first material, addresses only the submitted sample. Other "colors" such as white or clear may be classified differently; you may wish to submit samples for their particular classification.

The applicable subheading for the first item, and again only for the clear material, will be 5903.90.2500, Harmonized Tariff Schedule of the United States (HTS), which provides for textile fabrics impregnated, coated, covered or laminated with plastics, of man-made fibers, not over 70 percent by weight of plastics. The duty rate will be 8.5 percent ad valorem.

The applicable subheading for the second item (black) will be 3921.90.1500, HTS, which provides for other plates, sheets, film, foil and strip, of plastics, combined with textile materials and weighing not more than 1.492kg per square meter, products with textile components in which man-made fibers predominate by weight over any other single textile fiber, not over 70 percent by weight of plastics.

Goods classifiable under subheadings 5903.90.2500 and 3921.90.1500, HTS, which have originated in the territory of Canada, will be entitled to 4.2 and 2.6 percent ad valorem rates of duty, respectively, under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

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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