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NY B85333




May 19, 1997

CLA-2-56:RR:NC:TA:350 B85333

CATEGORY: CLASSIFICATION

TARIFF NO.: 5603.14.9090

Mr. Arthur Danforth
Hyde Athletic Industries, Inc.
Centennial Park, P.O. Box 6046
Peabody, MA 01961

RE: The tariff classification of "Tyvek" spunbonded nonwoven material produced in the United States.

Dear Mr. Danforth:

In your letter dated May 2, 1997, you requested a tariff classification ruling.

The instant sample, identified as "Tyvek" style 2463, consists of a spunbonded nonwoven fabric composed of polyethylene filament man-made fibers. This material will be used in the manufacture of footwear in China.

We wish to note that this letter relates only to the classification of the material as piece goods. Any change, further processing or manufacture may affect the classification of the product and, possibly involve restraints. Because of the material's composition and method of manufacture, it is considered to be a textile fabric.

You stated in a recent telephone conversation with this office that Dupont indicated that this material has a weight of 25 and 70g per square meter. We informally weighed the submitted sample, and found it to weigh approximately 155g/m2. Our classification will be governed by this figure.

The applicable subheading for the material will be 5603.14.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for nonwovens, whether or not impregnated, coated, covered or laminated, of man-made filaments, weighing more than 150g/m2, ... not laminated. The rate of duty will be 5 percent ad valorem.

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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