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May 10, 1999

CLA-2-59:RR:NC:TA:350 E81566

CATEGORY: CLASSIFICATION

TARIFF NO.: 5903.90.2500

Ms. Margie Cochran
Absecon Mills, Inc.
Vienna & Aloe Avenues
P.O. Box 672
Cologne, NJ 08213

RE: The tariff classification of a plastics coated polyester woven fabric, from Indonesia.

Dear Ms. Cochran:

In your letter dated March 5, 1999, which was received May 6, 1999, you requested a tariff classification ruling.

Your letter indicates that this fabric is the same as that which was the subject of recent ruling request D86315 in all respects except for the fact that the plastics coating is heavier now.

Specifically, the instant sample, identified as pattern Ontario, is a dyed woven fabric composed of 100% textured filament polyester yarns. In the previous ruling, the fabric was stated to weigh 260 g/m² containing a coating weight of 22.6 g/m² and would be imported in 162 centimeter widths. The fabric is characterized by a complex weave which results in a fabric with a mottled crepe-like appearance. The fabric, once again, as can be seen from the instant sample, has been coated on one side with an application of acrylic latex plastic, which in the instant case, is in sufficient amount to be visible to the naked eye otherwise than by a change of color. You did not provide the weight of the fabric vis a vis the weight of the plastics this time, however, the plastics portion does not appear to be over 70 percent by weight of the total weight of the fabric.

The applicable subheading for the material will be 5903.90.2500, HTS, which provides for textile fabrics impregnated, coated, covered or laminated, with plastics, of man-made fibers, not over 70 percent by weight of rubber or plastics. The duty rate is 8 percent ad valorem.

This merchandise falls within textile category designation 229. At the present time, there are no textile restraints for this merchandise from Indonesia.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177) and applies solely to the fabric as represented by the instant sample which contains the heavier coating.

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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