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NY D81828




September 4, 1998

CLA-2-56:RR:NC:TA:350 D81828

CATEGORY: CLASSIFICATION

TARIFF NO.: 5603.94.9010; 5903.20.2500

Mr. Paul Meyerson
Inter Cotton Inc.
888 Seventh Avenue
New York, NY 10106

RE: The tariff classification of a plastic coated textile imitation leather fabric and a nonwoven imitation suede fabric, from either Korea or Germany..

Dear Mr. Meyerson:

In your letter dated August 5, 1998, you requested a classification ruling.

While you did provide two representative samples, no style or quality numbers were furnished, nor were any manufacturing specifications or respective weights submitted other than what was provided on the attached stickers.

The first item (1), consists of a woven fabric composed of polyamide man-made fibers (spun yarns) that has been coated on one side with a polyurethane plastics material. This PU portion has been surface embossed and printed to simulate top grain leather. An adhesive sticker affixed to the sample states that this material is composed of 60% polyamide man-made fibers and 40% polyurethane. We assume the polyurethane is the plastic coating substance and the percentages are by weight. Polyamide is a form of nylon. This material was informally weighed and was found to weigh approximately 234 g/mý.

The second item (2), consists of a nonwoven imitation suede fabric. An adhesive sticker affixed to the instant sample indicates that the material is composed of 70% polyester and 30% polyurethane, assumed to be by weight, respectively. It appears to be composed of a nonwoven polyester man-made fiber (staple) batt that has been saturated or further bonded with a polyurethane plastics material and further finished. This bonding substance has not caused the fibrous nature of the nonwoven fabric to be lost. This material was informally weighed and was found to weigh approximately 327.9 g/mý.

The classification that follows is based mainly on observation and the cursory information that was provided.

The applicable subheading for the first item (1) will be 5903.20.2500, Harmonized Tariff Schedule of the United States (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 will be 8.1 percent ad valorem. .

The applicable subheading for the second item (2) will be 5603.94.9010, HTS, which provides for nonwovens, whether or not impregnated, coated, covered or laminated, ... of other than filaments, weighing more than 150 g/mý, ... imitation suede. The duty rate is 2.5 percent ad valorem.

Item 1 falls within textile category designation 229 while item 2 falls within textile category 223. Based upon international textile trade agreements products of Korea are subject to quota and the requirement of a visa. There are no textile restraints for either material from Germany.

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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