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April 15, 1999

CLA-2-59:RR:NC:TA:350 E80215

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.42.0060

Ms. Heather Fust
Stafford Textiles Limited
2200 Lakeshore Blvd., W., Suite 308
Toronto, Ontario M8V 1A4
Canada

RE: The tariff classification of a lightly coated polyurethane plastics coated textile fabric, for use in the manufacture of bags and liners, from Korea.

Dear Ms. Fust:

In your letter dated March 30, 1999, you requested a tariff classification ruling. The supplier is Sun Woo T.P.R. Corporation, Seoul, Korea.

The instant sample, identified as “Hydrolite 400", and green in color, consists of a woven nylon oxford fabric (420D/ + w/r) that has been lightly coated on one surface with a polyurethane plastics material which, while it imparts a degree of shine to the fabric, is not in sufficient amount to be visible to the naked eye otherwise than by a change in color. The “w/r” in your description, per a recent telephone conversation, refers to water resistant fluoro-polymers which are present in this material and adds 1 g/m² to the product.

You provided the following weight specifications for this material:

Wt. Of Textile: 237 g/yd (88.76%)
Wt. Of PU: 30 g/yd (11.24%)
Total Wt.: 267 g/yd (100%)

Because the coating is not visible to the naked dye otherwise than by a change in color, classification in subheading 5903.20.2500 is not correct. The applicable subheading for the material will 5407.42.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for other woven fabrics of synthetic filament yarn, dyed, weighing more than 170 g/m². The duty rate is 16 percent ad valorem.

This merchandise falls within textile category designation 620. Based upon international textile trade agreements products of Korea 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 212-637-7085.

Sincerely,

Robert B. Swierupski
Director,

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