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NY 809990




October 10, 1995

CLA-2-59:R:N3:350 809990

CATEGORY: CLASSIFICATION

TARIFF NO.: 55; 5906.99.25

Mr. Michael A. Pipitone
John F. Kilroy
One World Trade Center, Suite 1569
New York, NY 10048

RE: The tariff classification of a woven upholstery fabric composed of unidentified man-made fibers which contains a styrene butadiene resin coating on one surface, from Italy.

Dear Mr. Pipitone:

In your letter dated May 8, 1995, on behalf of Lodovico Rossini Srl, Costamanaga, Italy, you requested a tariff classification ruling.

We wish to apologize for the delay in responding to this request as the materials furnished to our laboratory were not sufficient to make a reliable determination as to whether the coating on the back surface is a rubber or plastics material. In order to make a reliable determination, our laboratory would require the following materials for analysis:

1) Twelve crosslinked dumbbell shaped specimens of the backing material accompanied with the compounding recipe for rubber testing purposes including percentage by weight of all ingredients.

2) Provide the percentage by weight of styrene, butadiene and carboxylic acid in the copolymer.

If the coating substance, which is not visible to the naked eye, is determined to be a plastics material, the applicable heading will be under Chapter 55. However, if the substance is determined to be a rubber, then classification will be under subheading 5906.99.25, Harmonized Tariff Schedule of the United States. This ruling is being issued under the provisions of Section 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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