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NY 897070




April 29, 1994

CLA-2-59:S:N:N6:350 897070

CATEGORY: CLASSIFICATION

TARIFF NO.: 5903.90.2500

Mr. Richard Mason
Winnebago Industries
P.O. Box 152
605 West Crystal Lake Road
Forest City, Iowa 50436

RE: The tariff classification of a laminated upholstery fabric from Germany.

Dear Mr. Mason:

In your letter dated March 15, 1994, which was received April 13, 1994, you requested a tariff classification ruling.

The instant sample, style TPD Q45, consists of an upholstery fabric composed of three distinct layers. The top layer consists of a twill woven fabric (14x12) composed of textured polyester man- made fiber yarns. The bottom layer is a tricot knit fabric also composed of polyester. The middle layer consists of a polyethylene foam plastic. This works out to a weight ratio of 72% polyester and 28% polyethylene plastic. This material measures about 5.5mm in overall thickness and weighs approximately 530 grams per square meter.

The applicable subheading for the 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 rate of duty will be 8.5 percent ad valorem.

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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