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NY 807362




March 10, 1995

CLA-2-59:S:N:N6:350 807362

CATEGORY: CLASSIFICATION

TARIFF NO.: 5903.90.2500

Mr. Frank Gonzalez
D. Kratt International, Inc.
P.O. Box 66567
Chicago. IL 60666

RE: The tariff classification of a plastic coated textile fabric referred to as "Dielectic Printing Cloth", (DPC), from Japan.

Dear Mr. Gonzalez:

In your letter dated January 24, 1995, you requested a classification ruling. The manufacturer is Asia Stencil Paper Co., Ltd., Japan.

The instant sample, white in color and identified as Print Weave Media, consists of four distinct layers composed of a woven polyester substrate layer which is coated on the top surface with an acrylic polymer conductive material (under layer). Above this layer is a surface layer of acrylate polymer. These substances are considered to be plastics materials and are considered to be visible to the naked eye. This material has a back layer of conductive whisker/polyvinyl butyryl resin. The conductives in the under layer and the conductive whiskers in the back layer are potassium titanate particles. These particles are used to attract, form and store electric charges during the printing process. These substances are metallic salts which have good conductive properties. This coating on the under surface is not considered to be visible to the naked eye. This material has the following overall composition by weight:

Ingredient % by weight

Calcium carbonate 2.5
Polyester fabric 80.5
Acrylate copolymer 7.0
Polyvinyl butyryl 4.5
Acrylate copolymer 3.0
Potassium titanate 2.5

This cloth is not sensitized in any way before it loaded into the printer. The material is electrically charged once it is placed into the printer. The charging that ensues causes the direct interaction with the toner particles in order to form an image on the cloth.

The applicable subheading for the product will be 5903.90.2500, Harmonized Tariff Schedule of the United States (HTS), which provides for textile fabrics impregnated, coated, covered or laminated, of man-made fibers, not over 70 percent by weight of plastics. The duty rate will be 8.4 percent ad valorem.

This merchandise falls within textile category designation 229. Based upon international textile trade agreements products of Japan are subject to quota 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
New York Seaport

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