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June 30, 1999

CLA-2-59:RR:NC:TA:350 E83738

CATEGORY: CLASSIFICATION

TARIFF NO.: 5903.90.2500

Mr. Peter Weinrauch
Import Commodity Group Ltd.
131 East Merrick Road, 2nd Fl.
Valley Stream, NY 11580

RE: The tariff classification of a two foil print (plastic coated) textile fabrics, from Korea.

Dear Mr. Weinrauch:

In your letter dated June 21, 1999, on behalf of Nipkow & Kobelt, New York, NY, you requested a tariff classification ruling.

Your letter refers to two samples which are identified as “Hefty” (black in color) and “Beauty” (white in color).

Specifically, the two materials, composed of what you describe as woven chiffon georgette fabric, are entirely and uniformly coated on one side, covering the surface of the yarns, with very fine foil printed plastic “dots” which are visible to the naked eye otherwise than by a change of color. These coatings impart a silvery sheen across the surface of the respective fabrics. Further, the black fabric appears to have been subsequently embossed with a random twig-like pattern. Although a design is heat set in the material, this is an addition to the overall coating of the surface of the material and is not considered a “design” created by the coating process.

Your letter indicates that the fabrics, themselves, are composed of 100% polyester man-made fibers and the coating is a polyester plastics material. While no weights were provided, the plastics coating does not appear to be over 70 percent by weight of the total weight of the fabric.

The applicable subheading for the materials will be 5903.90.2500, Harmonized Tariff Schedule of the United States (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 rate of duty will be 8.1 percent ad valorem.

This merchandise falls within textile category number 229, and, as such, there are currently no textile restraints for this merchandise, being a product of Korea.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177) and applies to all future shipments imported and entered into the commerce of the United States.

Your samples are being returned per your request.

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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