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NY B80625




August 13, 1998

CLA-2-59:RR:NC:TA:350 B80625

CATEGORY: CLASSIFICATION

TARIFF NO.: 5903.20.2500

Mr. Albert Sun
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 material), from Thailand.

Dear Mr. Sun:

In your letter dated December 17, 1996, you requested a classification ruling. The supplier is Thai Taffeta Co., Ltd., Bangkok, Thailand. We apologize for the delay in responding but, unfortunately, there was a mix up with the laboratory samples.

The representative sample, identified as style #11080, which is navy in color, consists of a high count, tightly woven, 100% textured nylon taffeta fabric (70D x 70D/110 x 80, 60" wide) that has been coated on one side with a light polyurethane plastics material which is in a sufficient amount to be visible to the naked eye. While your letter stated that this coating is a pigmented plastic, it does appear to be a clear coating. Additionally, while your letter indicated that the fabric, itself, is nylon in one context and polyester in another, the New York Customs Laboratory determined that it is indeed, nylon. You provided the following technical specifications for the material:

Yarn size warp - 70D filament nylon yarns
Yarn size weft - 70D filament nylon yarns

Wt. of fabric: 1.40
Wt. of coating: 0.20
Total wt.:

The New York Customs laboratory analyzed the instant sample and made the following determination:.

Wt. of fabric: 1.66
Wt. of coating: 0.26
Total wt.:

The applicable subheading for the material 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.

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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