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NY 816117




November 3, 1996

CLA-2-54:R:N3:352 816117

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.42.0060

Ms. Jennie Feng
Fabtex, Inc.
1980 Wright Avenue
La Verne, CA 91750

RE: The tariff classification of 100% nylon filament plain woven fabric from Taiwan.

Dear Ms. Feng:

In your letter dated October 18, 1995 you requested a classification ruling.

The submitted sample, identified as style Crinpac, is a dyed plain woven fabric composed of 100% filament nylon. It contains 23.6 single yarns per centimeter in the warp and 15.7 single yarns per centimeter in the filling. This product is constructed using 420 denier yarns in both the warp and filling. Weighing 245.18 g/m2, this fabric will be imported in 137 centimeter widths. Your letter indicates that this fabric has been coated with a clear polyurethane coating on one side. The polyurethane coating represents approximately 19.5 % of the weight of this product. However, the plastic coating is not visible to the naked eye.

Note 2 to Chapter 59, Harmonized Tariff Schedule of the United States,(HTS),defines the scope of heading 5903, under which textile fabrics which are coated, covered, impregnated, or laminated with plastics are classifiable. Note 2 states in part that heading 5903, HTS, applies to:

(A) Textile fabrics, impregnated, coated, covered or laminated with plastics, whatever the weight per square meter and whatever the nature of the plastics material (compact or cellular), other than:

(1) Fabrics in which the impregnation coating or covering cannot be seen with the naked eye (usually chapter 50 to 55, 58 or 60); for the purpose of this provision, no account should be taken of any resulting change in color; Since the clear polyurethane coating is not visible to the naked eye, this fabric cannot fall within the scope of heading 5903.

The applicable subheading for the plain woven nylon fabric will be 5407.42.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404, other woven fabrics, containing 85 percent or more by weight of filaments of nylon or other polyamides, dyed, weighing more than 170 g/m2. The duty rate will be 16.8 percent ad valorem.

This fabric falls within textile category designation 620. 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. 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 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 Alan Tytelman at 212-466-5896.

Sincerely,

Roger J. Silvestri
Director

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