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NY D82800




September 29, 1998

CLA-2-54:RR:NC:TA:352 D82800

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.42.0030

Ms. Jennie Feng
Fabtex, Inc.
1980 Wright Avenue
La Verne, CA 91750

RE: The tariff classification of 100% filament nylon plain woven fabric from Taiwan.

Dear Ms. Feng:

In your letter dated September 16, 1998 you requested a classification ruling.

The submitted sample, identified as style 70HTU, is a dyed plain woven fabric composed of 100% filament nylon. It is constructed using 70 denier yarns in both the warp and the filling. Weighing 87.55 g/m2, it will be imported in widths exceeding 30 centimeters. Your correspondence indicates that this fabric has been processed with a water repellent treatment. However, this treatment is not visible to the naked eye and therefore this fabric is not considered a coated fabric for the purposes of the Harmonized Tariff Schedules of the United States. The applicable subheading for the nylon woven fabric will be 5407.42.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404, other woven fabrics, containing 85 percent or more by weight of filaments of nylon or other polyamides, dyed, weighing not more than 170 g/m2. The duty rate will be 16.2 percent ad valorem.

This fabric falls within textile category designation 620. Based upon international textile trade agreements products of Taiwan 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 Alan Tytelman at 212-466-5896.

Sincerely,

Robert B. Swierupski
Director,

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