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NY A85467




August 13, 1998

CLA-2-59:RR:NC:TA:350 A85467

CATEGORY: CLASSIFICATION

TARIFF NO.: 5903.20.2500

Mr. Arthur M. J. Chen
Metro Textile Inc.
South Coast Metro Center
575 Anton Blvd. #640
Costa Mesa, CA 92626

RE: The tariff classification of a PU coated textile fabric (garment weight/packcloth materials), from Thailand.

Dear Mr. Chen:

In your letter dated July 8,, 1996, you requested a classification ruling. The supplier is Mun Ying Co., Ltd., Bangkok, Thailand. We apologize for the delay in responding but, unfortunately, there was a mix up with the laboratory samples.

Four representative samples, identified as styles 4530, 5037, 6038 and 7045, respectively were submitted. They all consist of woven fabrics composed of 100% percent man-made fibers that are all lightly coated on one side with a clear application of polyurethane plastics material which is just visible to the naked eye. You write that you had previously received rulings on these fabrics, but are concerned because the manufacturer has changed the source of the PU plastic.

Style 4530, black in color, consists of a 100% textured polyester oxford weave fabric (600D x 600D/45 x 30, 60" wide).

Style 5037, black in color, consists of a 100% filament nylon oxford weave fabric (420D x 420D/50 x 37, 60" wide).

Style 6038, black in color, consists of a 100% filament nylon oxford weave fabric (400D x400D/60 x 38, 60" wide).

Style 7045, black in color, consists of a 100% filament nylon oxford weave fabric (200D x 200D/70 x 45, 60" wide).

You provided the following technical specifications for the materials which appear below on the left. These figures were verified by the U.S. Customs laboratory as follows on the right side.
Style 4530

Wt. of fabric: 7.22 oz/yý (82%) 6.6
Wt.of coating: 1.58oz/yý (18%)
Total wt.: 8.80oz/yý (100%)

Style 5037

Wt. of fabric: 4.42oz/yý (85%)
Wt. of coating: 0.81oz/yý (15%)
Total wt.: 5.23oz/yý (100%)

Style 6038

Wt. of fabric: 4.90oz/yý (81%)
Wt. of coating: 1.20oz/yý (19%)
Total wt.: 6.1oz/yý (100%)

Style 7045

Wt. of fabric: 3.45oz/yý (80%)
Wt. of coating: 0.85oz/yý (20%)
Total wt.: 4.30oz/yý (100%)

The applicable subheading for the four materials will be 5903.20.2500, Harmonized Tariff Schedule of the United States (HTS), which provides for textile fabrics impregnated, coated, covered or laminated with plastics, with polyurethane, of man-made fibers, not over 70 percent by weight of plastics. The duty rate will be 8.1 percent ad valorem.

We note that the samples furnished are marginally coated for tariff purposes and that any factors, such as slight changes in yarn counts, size and/or amount of coating substance, could affect the classification of any or all of the individual styles.

This merchandise falls within textile category designation 229. Based upon international textile trade agreements products of Thailand are subject to 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. 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 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,

Robert B. Swierupski
Director
National Commodity

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