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NY 898520




June 14, 1994

CLA-2-59:S:N:N6:350 898520

CATEGORY: CLASSIFICATION

TARIFF NO.: 5903.20.2500

Ms. Jennie Feng
Fabtex Inc.
1980 Wright Avenue
La Verne, CA 91750

RE: The tariff classification of coated fabric for use in the manufacture of luggage, tote bags and the like, from Taiwan.

Dear Ms. Feng:

In your letter dated May 27,1994, you requested a classification ruling.

The instant sample, identified as style 2000 and black in color, consists of a 100% nylon filament woven fabric (2000Dx2000D/44T 23x21) which has been dyed in a uniform single color. This material has been coated on one surface with a clear polyurethane plastics material. You provided the following weight specifications for this material:

Nylon fabric: 400.49g/m2 (89.8% of total weight) PU coating: 45.50g/m2 (10.2% of total weight) Total wt.: 445.99g/m2

The instant sample was not tested by the Customs Laboratory to verify the furnished weights. Although you report that the plastic coating accounts for only 10.2% of the weight of this quality, the plastic is in sufficient amount to be visible to the naked eye.

In addition to the fabric being coated on one side with the plastic, the material has been treated with a durable water repellent substance. You indicated, in a telephone conversation with the National Import Specialist, that the water repellent substance was part of the dye bath for the fabric. The plastics coating was subsequent to this treatment.

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 duty rate will be 8.5 percent ad valorem.

This merchandise falls within textile category designation 229. Based upon international textile trade agreements products of Taiwan are subject to quota restraints and the requirement of a visa.

The designated textile and apparel categories 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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