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NY D85197




December 17, 1998

CLA-2-54:RR:NC:TA:352 D85197

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.42.0030

Mr. Michael Grupa
Stearns Inc.
P.O. Box 1498
St. Cloud, Minnesota 56302

RE: The tariff classification of a 100% filament nylon dyed plain woven fabric from China, Thailand, Taiwan or Korea.

Dear Mr. Grupa:

In your letter dated November 24, 1998 you requested a classification ruling.

The submitted sample is a dyed plain woven fabric composed of 100% filament nylon. It contains 26 single yarns per centimeter in the warp and 19.7 single yarns per centimeter in the filling. Weighing approximately 102 g/m2, this product will be imported in 152 centimeter widths. The fabric has been coated with a clear polyurethane plastic that is not visible to the naked eye. Your correspondence indicates that this fabric will be used to manufacture flotation devices.

Note 2 to Chapter 59, Harmonized Tariff Schedule of the United States, (HTS), defines the scope of heading 5903, under which textile fabrics which are coated, covered, impregnated, or laminated with plastics are classifiable. Note 2 states in part that heading 5903, HTS, applies to:

(A) Textile fabrics, impregnated, coated, covered or laminated with plastics, whatever the weight per square meter and whatever the nature of the plastics material (compact or cellular), other than:

(1) Fabrics in which the impregnation coating or covering cannot be seen with the naked eye (usually chapter 50 to 55, 58 or 60); for the purpose of this provision, no account should be taken of any resulting change in color;

Since the coating or lamination on the sample submitted is not visible to the naked eye, it is not considered a coated fabric for the purposes of classification as a coated or laminated fabric in heading 5903, HTS.

The applicable subheading for the plain woven dyed 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 the 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 in 1998 and 16 percent ad valorem in 1999.

This fabric falls within textile category designation 620. Based upon international textile trade agreements products of China, Korea, Thailand or 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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