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NY C82530




March 6, 1998

CLA-2-75:RR:NC:TA:350 C82530

CATEGORY: CLASSIFICATION

TARIFF NO.: 7508.90.5000

Mr. Richard J. Comforti
STC Inc.
72 Ridgedale Road
Fairfield, CT 06430

RE: The tariff classification of metalized material for electro-mechanical and radio frequency interference shielding, as articles of nickel, from Japan.

Dear Mr. Comforti:

In your letter dated December 17, 1997, and subsequent Fax, you requested a tariff classification ruling.

The subject merchandise, identified as "Shintron Conductive Fabric" consists of shielding material of EMI/RFI (electro-mechanical interference/radio frequency interference) for use in the walls and ceilings of buildings, shielding curtains in test areas and providing portable shelters for field testing of EMI/RFI as well as many other similar shielding requirements. You provided the following technical specifications for this product:

Fiber: Woven acrylic long filament of 75 denier. Plating: The acrylic fiber is sputter (sprayed) coated with nickel. Weave: Warp 91/Weft 83
Weight: 80% acrylic filaments/20% nickel.

Your letter further indicates that the filaments are neither bleached nor dyed prior to being coated with the nickel. This material weighs 73 grams per square meter.

You have sent additional information, via fax, that the yarns that make up this woven material are first coated (sprayed) with metallic nickel before being woven. This nickel coating completely covers the yarn. Such coated yarns, by themselves, would be classified as metalized yarn under heading 5605. The various methods of making metalized yarn are described in the Explanatory Notes to said heading.

Heading 5809 provides, in part, for woven fabrics of metalized yarn of heading number 5605. However, the Explanatory note to this heading is explicit in saying that this heading excludes woven fabrics not of a kind used for clothing, furnishing or similar purposes. The reader is then directed to headings generally in the metals area.

Consequently, we are of the opinion, that since this material is for purposes other than clothing or furnishings and that the metallic nickel is the essence of the material in achieving its shielding function, the product is classifiable as other articles of nickel, other, in subheading 7508.90.5000, Harmonized Tariff Schedule of the United States (HTS). The rate of duty will be 3.5 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 either National Import Specialist George Barth at 212-466-5884 or NIS Mel Birnbaum at 212-466-5487.

Sincerely,

Robert B. Swierupski
Director,

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