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NY A86916




September 23, 1996

CLA-2-59:RR:NC:TP:350:A86916

CATEGORY: CLASSIFICATION

TARIFF NO.: 5903.10.2500

Ms. Cindy Shimmel
The I.C.E. Co., Inc.
P.O. Box 610583
Dallas/Fort Worth Airport
Texas, TX 75261-0583

RE: The tariff classification of five styles of PVC impregnated woven shade cloth from Italy.

Dear Ms. Shimmel:

In your letter dated August 26, 1996, you requested a tariff classification ruling. The manufacturer is Arquati S.P.A., Parma, Italy. The materials listed in your correspondence are described as POLITEX, POLITEX F.R., POLSPICE, ORTEX and ORTEC F.R., respectively. They all consist of open mesh woven polyester fabrics (somewhat finer than those that were the subject of NY ruling A86918). All of these materials have been visibly impregnated with a polyvinyl chloride plastics material in sufficient quantity to be visible to the naked eye, particularly in the interstices of the yarns. This plastics material does not appear to be over 70 percent by weight of the total weight of any of these fabrics.

Your brochure indicates that these materials vary in weight between approximately 184g/m2 +/- 5% and 240g/m2 +/- 5%. These materials, which according to your literature, will be imported in 12.7cm widths, will be used in the manufacture of window blinds, awnings, and large (10' x 10') patio umbrellas.

The applicable subheading for all five materials will be 5903.10.2500, Harmonized Tariff Schedule of the United States (HTS), which provides for textile fabrics impregnated, coated, covered or laminated, with polyvinyl chloride, of man-made fibers, not over 70 percent by weight of rubber or plastics. The rate of duty will be 8.3 percent ad valorem.

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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