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NY A81243




March 22, 1996

CLA-2-59:RR:NC:TP:350 A81243

CATEGORY: CLASSIFICATION

TARIFF NO.: 5903.90.2500

Mr. John F. McManus
Itochu International Trading
335 Madison Avenue
New York, NY 10017

RE: The tariff classification of two plastic coated textile fabrics for use as a covering of fiber optic cables, from Japan.

Dear Mr. McManus:

In your letter dated March 8, 1996, you requested a classification ruling. The manufacturer is Fukuoka Cloth Co., Ltd., and the shipper is Itochu Corp., of Japan.

Two representative samples were submitted which were identified as styles: NY-CHA-4 and NY-CHA-6, respectively. You write that both materials consist of 100% rayon plain woven fabrics having yarn sizes in both warp and filling of 30's (ECC). The yarns used to make the fabrics are spun and carded, but not combed. Each material contains 24 yarns per centimeter in the warp and 19.2 yarns per centimeter in the filling. Style NY-CHA-4 has been coated on one surface with a compact flame retardant ethylene vinyl/acetate (EVA) copolymer (a plastics material) while style NY-CHA-6 has been coated on both surfaces with this same substance. However, the fabrics are neither completely embedded in the plastic nor entirely coated or covered on either surface. Some textile yarns are exposed and apparent on both surfaces. Your letter provided the following technical specifications for these two materials:

NY-CHA-4 NY-CHA-6

Wt. of fabric: 86g/m2 (43%) 86g/m2 (32%)
Wt. of EVA: 114g/m2 (57%) 184g/m2 (68%)
Total wt.: 200g/m2 (100%) 270g/m2 (100%)

The applicable subheading for both styles 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 rubber or plastics. The duty rate will be 8.3 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. 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 Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist George Barth at 212-466-5884.

Sincerely,

Roger J. Silvestri
Director

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