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NY 812915




July 27, 1995

CLA-2-59:S:N:N6:350 812915

CATEGORY: CLASSIFICATION

TARIFF NO.: 5903.10.2500

Mr. Arthur M.J. Chen
Metro Textile Inc.
South Coast Metro Center
535 Anton Blvd. #930
Costa Mesa, CA 92626

RE: The tariff classification of a PVC coated textile fabric (luggage type material) from Taiwan.

Dear Mr. Chen:

In your letter dated April 28,1995, on behalf of Huber Textile Inc., Charlotte, NC, which was received by this office July 21, 1995, you requested a classification ruling. You state that you are the manufacturer's representative for Hsiang Lun Industrial Corporation, Taipei, Taiwan who produced this product.

The instant sample, style #3730, which is black in color, consists of a 100% textured polyester oxford weave fabric (600Dx600D/37x30), 58/60" wide) that has been coated on one side with a compact polyvinyl chloride plastics material. You provided the following technical specifications for the material which were not verified by the New York Customs laboratory:

Yarn size warp - 600D textured polyester yarns Yarn size weft - 600D textured polyester yarns

Wt. of fabric: 5.7oz/y2 (30%)
Wt. of coating: 13.3oz/y2 (70%)
Total wt.: 19.0oz/y2 (100%)

Since you indicate that the plastic portion is not over 70% by weight of the total weight of the material, the applicable subheading for the material will be 5903.10.2500, Harmonized Tariff Schedule of the United States (HTS), which provides for textile fabrics impregnated, coated, covered or laminated with plastics, with polyvinyl chloride, 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 Taiwan 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

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