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NY D81834




September 3, 1998

CLA-2-56:RR:NC:TA:350 D81834

CATEGORY: CLASSIFICATION

TARIFF NO.: 5603.94.9010

Mr. Bennett Johnson
Nissin Customs Service, Inc.
1580 West Carson Street
Long Beach, CA 90810

RE: The tariff classification of nonwoven imitation suede upholstery fabric, from Japan.

Dear Mr. Johnson:

In your letter dated August 18, 1998, on behalf of Sincol of America Inc., Pomona, CA, you requested a classification ruling. The shipper is Shinko co., Ltd., Osaka, Japan.

The nonwoven fabric is made from very fine, 0.1 denier, staple polyester fibers. The web is built up using high pressure water jets ( hydro entangled ) and further bonded with liquid polyurethane to enhance the elasticity of the material. The material undergoes further dying and finishing processes. The finished total weight of the fabric is given as 275 g/mý comprised of 247.5 g/mý polyester fiber and 27.5 g/mý polyurethane. The fabric, about 1 mm thick, will be imported in 140 cm wide rolled sheets of 30 meter lengths.

You suggest classification under 5603.14.9090 as a nonwoven fabric and request duty free consideration under Temporary Tariff Modification subheading 9907.56.01. The 9907 provision provides for "nonwoven fiber sheet." This is a very specific product provision with exacting specifications spelled out in Section XXII, Subchapter VII. U.S. Note 2. One of the specifications for this fiber sheet is that the polyester fibers are 1.5 to 3.0 denier. Since the denier of the fibers in the subject material are 0.1 the upholstery material does not qualify for consideration under 9907.

Since the material is made from "cut fiber" (staple length not filament), the applicable subheading for the material will be 5603.94.9010, 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 150 g/mý, ... imitation suede. The duty rate 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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