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July 8, 1999

CLA-2-59:RR:NC:TA:350 E84073

CATEGORY: CLASSIFICATION

TARIFF NO.: 5903.20.2500

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

RE: The tariff classification of brushed, laminated knit fabric for stick-on mounting boards for classroom use, from Taiwan.

Dear Ms. Feng:

In your letter dated June 25, 1999, you requested a classification ruling.

The instant sample, identified as style BPKLM140, consists of a three layered material consisting of a 100% polyester man-made fiber plain tricot knit layer, a middle layer of what you describe as a “rubber foam” measuring 1/16" in thickness and the other layer consisting of a 100% polyester tricot knit fabric layer which has been brushed to “raise” the surface. Per a recent telephone conversation with the National Import Specialist, the referred to center layer of “rubber foam” is actually a polyurethane plastics foam.

This material will be used to make display or mounting “boards” for classroom use. The plain knit side will be covered with a clear sheet of plastic to write on and the raised surface side will be the “loop” portion of a “hook” and “loop” type fastening system.

You provided the following weight specifications for this material which you indicate will be imported in widths exceeding 30 cm:

Wt. Of face fabric: 100.47 g/m²
Wt. Of “Rubber foam” (polyurethane plastic): 14.35 g/m² Wt. Of Tricot fabric: 35.88 g/m²
Total wt.: 150.70 g/m²

The applicable subheading for the material (noting that the foam is a polyurethane type) will be 5903.20.2500, (not 5903.90.2500, as you suggest) Harmonized Tariff Schedule of the United States (HTS), which provides for textile fabrics impregnated, coated, covered or laminated with plastics, with polyurethane, of man-made fibers, not over 70 percent by weight of rubber or plastics. The rate of duty will be 8 percent ad valorem.

This merchandise falls within textile category designation 229. 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 George Barth at 212-637-7085.

Sincerely,

Robert B. Swierupski
Director,

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