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NY 885652




May 14, 1993

CLA-2-52:S:N:N6:352 885652

CATEGORY: CLASSIFICATION

TARIFF NO.: 5210.42.0000

Mr. Steve Liptak
Inter-Maritime Forwarding Co. Inc.
156 Williams Street
New York, NY 10038

RE: The tariff classification of a cotton/nylon blend twill woven fabric from Germany.

Dear Mr. Liptak:

In your letter dated May 3, 1993, on behalf of your client Rik Textile Corp, you requested a tariff classification ruling.

The submitted sample, designated as style 4089, is a 2X1 twill woven fabric composed of approximately 56% cotton and 44% filament nylon. It contains 57 single yarns per centimeter in the warp and 39 single yarns per centimeter in the filling. The fabric is constructed using 68/1 nm yarns in the warp and 156 decitex yarns in the filling. Weighing 150 g/m2, this material has been manufactured using yarns of different colors. It will be imported in 148/150 centimeter widths. Your correspondence indicates that the fabric has been coated with a polyurethane coating which constitutes approximately 5% of the total weight of the product.

Note 2 to Chapter 59 of the Harmonized Tariff Schedules of the United States (HTS) defines the scope of heading 5903, HTS, which provides for textile fabrics which are coated, covered, impregnated or laminated with plastics. 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 plastic material (compact or cellular), other than:

(1) Fabrics in which the impregnation, coating or covering cannot be seen with the naked eye (usually chapters 50 to 55, 58 or 60); for the purpose of this provision, no account should be taken of any resulting change of color;

Since the polyurethane coating is not visible to the naked eye, this fabric does not fall within the scope of heading 5903, HTS.

The applicable subheading for the twill woven fabric will be 5210.42.0000, HTS, which provides for woven fabrics of cotton, containing less than 85 percent by weight of cotton, mixed mainly or solely with man- made fibers, weighing not more than 200 g/m2, of yarns of different colors, 3-thread or 4-thread twill, including cross twill. The rate of duty will be 11.1 percent ad valorem.

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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