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NY 847733





CLA-2-56:S:N:N3H:350 847733

CATEGORY: CLASSIFICATION

TARIFF NO.: 5603.00.9040

Mr. Mathew Chang
C. Itoh & Co. (America) Inc.
335 Madison Avenue
New York, N.Y. 10017

RE: The tariff classification of battery separator "paper" for alkaline dry cells from Japan.

Dear Mr. Chang:

In your letter dated December 1, 1989, you requested a tariff classification ruling.

The product is a battery separator "paper" for alkaline dry cells. It is made of a nonwoven composition of vinylon and rayon man- made fibers chemically bonded by a vinylon resin. The vinylon fiber comprises 65% of the weight, the rayon fiber comprises 25%, and the binder comprises the remaining 10%.

The product (VR grade 200) will be of a thickness of 200 microns, and in its imported condition will be continuous lengths with a width, roll length, and roll diameters as follows:
width roll diameter roll length
Type 1 630 mm 780 mm 2460 m
Type 2 52 mm 550 mm 1200 m
Type 3 44 mm 550 mm 1200 m

The weight of this product will be approximately 51 grams per square meter and you indicate that you may also import this product in pieces which are cut to size (square, or rectangles).

The applicable subheading for the fabric in either case will be 5603.00.9040, Harmonized Tariff Schedule of the United States (HTS), which provides for nonwovens, not impregnated, coated or covered. The rate of duty will be 12.5 percent ad valorem. The fabric falls within textile category designation 223. Based upon international textile trade agreements, products of Japan are subject to quota and the requirement of a visa.

The designated textile and apparel category 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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