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NY C82487




December 22, 1997

CLA-2-56:RR:NC:TA:350 C82487

CATEGORY: CLASSIFICATION

TARIFF NO.: 5603.93.0090

Mr. John F. McManus
Itochu International Inc.
335 Madison Avenue
New York, NY 10017

RE: The tariff classification of nonwoven absorbent material for use on food trays, from Japan.

Dear Mr. McManus:

In your letter dated December 8, 1997, you requested a classification ruling. The manufacturer is Toyobo Co., Ltd., Japan. The exporter is Itochu Corporation, Osaka, Japan.

The subject merchandise, as depicted by the submitted samples, consists of a lightweight nonwoven scrim material composed of acrylic and polyolefin staple man-made fibers that has been thermally bonded together. This nonwoven portion has then been calendared onto a polypropylene plastics film. A second calendaring operation has created perforations in the resulting material.

This material is designed for use as meat tray liners for polystyrene food trays. The nonwoven portion absorbs the juices given off by the packaged meat. Your letter indicates that this material will be imported in material lengths or cut to size pieces. In any case, this will not affect the ultimate classification. The following weight specifications were provided: Total weight is 72 grams per square meter (acrylic fibers: 36%, polyolefin fibers: 20% and Polypropylene film: 44%). We concur with your contention that the applicable subheading for the material will be 5603.93.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for nonwovens, whether or not impregnated, coated, covered or laminated, of other than filaments, weighing more than 70 g/m2 but not more than 150 g/m2. The duty rate will be 5 percent ad valorem. Effective January 1, 1998, the rate of duty will be 2.5 percent ad valorem.

This merchandise falls within textile category designation 223. Based upon international textile trade agreements products of Japan 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,

Robert B. Swierupski
Director,

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