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NY 892608




December 15, 1993

CLA-2-56:S:N:N6:350 892608

CATEGORY: CLASSIFICATION

TARIFF NO.: 5603.00.90

Mr. Michael Guluzzi
Excel International Co.
147-48 182nd Street, Suite #201
Jamaica, NY 11413

RE: The tariff classification of an imitation leather upholstery fabric, from Korea.

Dear Mr. Guluzzi:

In your letter dated November 22, 1993, on behalf of Kolon America Inc., Secaucus, NJ, you requested a classification ruling.

The instant sample, identified as style #KVS 100, consists of a nonwoven substrate fabric composed of nylon micro fibers that has been saturated and impregnated with a polyurethane plastics material. This plastics coating forms a top skin layer which has been embossed to simulate leather. We note, however, that this impregnation has not caused the fibrous nature of the nylon man- made fiber portion to be lost on the under surface. You provided the following weight specifications for this material:

Nylon micro fibers: 7.46 ounces per square yard PU coating: 10.18 ounces per square yard
Total weight: 17.64 ounces per square yard

The applicable subheading for the material will be 5603.00.90 Harmonized Tariff Schedule of the United States (HTS), which provides for nonwovens, whether or not impregnated, coated, covered or laminated. The duty rate will be 12.5 percent ad valorem.

This merchandise falls within textile category designation 223. Based upon international textile trade agreements, products of Korea are subject to 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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