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NY B83935




April 17, 1997

CLA-2-59:RR:NC:TA:350 B83935

CATEGORY: CLASSIFICATION

TARIFF NO.: 5903.90.2500; 6002.30.2080

Mr. Peter Weinrauch
Import Commodity Group Ltd.
Hook Creek Blvd. & 145th Ave., Bldg. A5
Valley Stream, NY 11582

RE: The tariff classification of seven foil printed (dots) knit man-made fiber fabrics, from Japan.

Dear Mr. Weinrauch:

In your letter which was received March 31, 1997, on behalf of Nipkow & Kobelt, you requested a classification ruling. Your letter indicates that there are no issues pending on any of these style materials at any port.

Seven representative style samples were submitted, some in various different color patterns. All seven materials consist of knit fabrics composed of various blends of nylon, spandex or polyester and spandex combinations that have been dot coated with a polyester plastics material on one surface. These coatings, while imparting such qualities as iridescence and often a holographic effect, are visible to the naked eye.

Specifically, styles (1) Panne-NKP#904297, (2) SPOX01-NKP, (3) SPOAZTEC-NKP#90-4681, (4) SPOX07-NKP-4492, (6) SHATTERED GLASS SPANDEX -1mm SGLASS and (7) PANNEO1-TINY DOT PANNE are all uniformly coated on one side with approximately 1mm in diameter round dots, which impart an overall coated appearance to the respective fabrics. The various samples were measured and we found there to be approximately 361 dots per square inch.

Style (5) SPOAZTEC-NKP-904139 differs from the other six in that the dots are irregular in configuration and form a reptile like appearance or design. The spandex employed in the construction of this fabric is stated to be 15% by weight of the total weight of the material. None of these seven fabrics is believed to over 70 percent by weight of the plastic dot portions.

The applicable subheading for styles 1,2,3,4,6 and 7 will be 5903.90.2500, Harmonized Tariff Schedule of the United States (HTS), which provides for textile fabrics impregnated, coated, covered or laminated with plastics, of man-made fibers, not over 70 percent by weight of rubber or plastics. The duty rate will be 8.2 percent ad valorem.

The applicable subheading for style 5 will be 6002.30.2080, HTS, which provides for ... other knitted or crocheted fabrics, of a width exceeding 30 cm, containing by weight 5 percent or more of elastomeric yarn or rubber thread, other than open-work, warp knit. The duty rate is 13.5 percent ad valorem.

Styles 1,2,3,4,6 and 7 fall within textile category designation 229. Style 5 falls within textile category designation 222. Based upon international textile trade agreements products of Japan 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. 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.

In the future, please limit your requests for a binding ruling to no more than 5 samples.

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,

Paul K. Schwartz
Chief, Textiles & Apparel Branch

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