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NY 804897




December 8, 1994

CLA-2-60:S:N:N6:351 804897

CATEGORY: CLASSIFICATION

TARIFF NO.: 6002.93.0040

Mr. Matthew Chang
ITOCHU International Trading
335 Madison Avenue
New York, NY 10017

RE: The tariff classification of a knitted automotive upholstery fabric from Japan.

Dear Mr. Chang:

In your letter dated December 6, 1994, you requested a classification ruling.

You are requesting reconsideration of one of the three fabrics, type "Zouk", ruled by our office under control number NY 801711 dated September 30, 1994. Regarding the quality "Zouk" fabric, Mr. John McManus of your office has clarified, in a phone conversation with National Import Specialist George Barth on November 15, 1994, that the sample swatch submitted for the ruling, which had an acrylic plastic coating substance applied to one surface, was not quality "Zouk" but another fabric. Our classification for the unidentified coated fabric submitted for NY 801711 was correct. "Zouk" is lightly coated, but the coating is not visible to the naked eye. According to our Customs' laboratory, the "Zouk" sample is a (piece dyed) black polyester double knit fabric measuring 63 centimeters in width, and it does not have the characteristics of a pile fabric. The weight of this material is approximately 430 grams per square meter. The "Zouk" fabric will be imported in the piece and used in the United States in the manufacture of automobile seat covers.

The "Zouk" fabric will be classifiable under the provision for other knitted or crocheted fabrics, other, of man-made fibers, of double knit or interlock construction, of polyester, in subheading 6002.93.0040, Harmonized Tariff Schedule of the United States (HTS). The rate of duty will be 14 percent ad valorem.

The fabric falls within textile category designation 222. Based upon international textile trade agreements, products of Japan are subject to the requirement of a visa.

2

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
New York Seaport

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