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NY B84186





May 8, 1997

CLA-2-59:RR:NC:TA:350 B84186

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.73.2015; 5903.20.2500

Ms. Dorothy E. Irwin
London Fog
1332 Englishtown Blvd.
Eldersburg, MD 21784

RE: The tariff classification of five coated textile fabrics for use in apparel, from Korea.

Dear Ms. Irwin:

In your letter dated April 7, 1997, you requested a classification ruling.

This request for a binding ruling is a follow up to a previous inquiry (B83109) which was returned to you for additional information. This new ruling request was not resubmitted entirely in the form and style that we requested. We will, in the interest of expedience, however, respond to this follow up inquiry with the information that we now have before us.

Five representative samples were submitted along with technical specification sheets which only partially contained the information that we earlier sought.

The first item, style PAKA PK-N/NP6202W consists of a woven fabric composed of 53% nylon/47% polyester man-made fiber filament yarns. These yarns are of different colors. This fabric contains a very light plastics coating which is not in sufficient quantity to be visible to the naked eye. This material is stated to weigh 159g/m2.

The second item, style YOUNHWA YH 8158, consists of a plain woven fabric composed of 100% nylon man-made fibers that contains a light pigmented polyurethane plastics coating on the back surface. This milky white coating is in sufficient quantity to be visible to the naked eye. This material is stated to weigh 110g/m2.

The third item, style KOLON 6XF-20AJ, consists of an oxford weave fabric composed of 100% nylon filament yarns that has been lightly coated on the posterior surface with a pigmented polyurethane plastics material in sufficient quantity to be visible to the naked eye. This fabric is stated to weigh 143.38g/m2.

The fourth item, style CHUNGWOO CW-4084 PUM, consists of a twill woven fabric composed of a 62% nylon filament/38% polyester filament man-made fiber blend. This fabric has been coated on the back surface with a pigmented polyurethane plastics material which is in sufficient quantity to be visible to the naked eye. This material is stated to weigh 126.8g/m2.

The fifth and final item, style Burmesa BSP-MOX, consists of an oxford woven fabric composed of 100% nylon man-made fibers. This fabric has been laminated on the back surface with a polyurethane foam plastics material. This material is stated to weigh 41.1g/m2.

None of these five materials is deemed to be over 70 percent by weight of the polyurethane plastic portions. Additionally, this ruling is valid only for these materials being imported as piece goods. If any further manufacturing of these materials is undertaken, such manufacturing may alter the coating to a degree whereby the material(s) may not be considered coated for tariff purposes. In any case, the first item, style PAKA PK-N/NP6202W is not considered coated for tariff purposes.

The applicable subheading for style PAKA PK-N/NP6202W will be 5407.73.2015, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of synthetic filament yarns, containing 85 percent or more by weight of synthetic filaments, ... of yarns of different colors, ... weighing not more than 170g/m2. The duty rate will be 14.4 percent ad valorem.

The applicable subheading for styles YOUNHWA YH 8158, KOLON 6XF-20-AJ, CHUNGWOO CW-4084 PUM and Burmesa BSP-MOX will be 5903.20.2500, 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 rubber or plastics. The duty rate is 8.2 percent ad valorem.

Style PAKA PK-N/NP6202W falls within textile category designation 620. Styles YOUNHWA YH 8158, KOLON 6XF-20AJ, CHUNGWOO CW-4084 PUM and Burmesa BSP-MOX fall within textile category designation 229. Based upon international textile trade agreements products of Korea are subject to quota and 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.

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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