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NY E87857




November 22, 1999

CLA-2-52:RR:NC:TA:352 E87857

CATEGORY: CLASSIFICATION

TARIFF NO.: 5211.49.0020

Ms. Brenda S. Powers
Tower Group International, Inc.
2420 Mall Drive, Suite 120
P.O. Box 62143
N. Charleston, South Carolina 29419-2143

RE: The tariff classification of a cotton/polyester blend jacquard woven fabric from China.

Dear Ms. Powers:

In your letter dated September 28, 1999, on behalf of your client Barrow Industries, you requested a classification ruling.

The submitted sample is a jacquard woven upholstery fabric constructed with yarns of different colors. Laboratory analysis indicates that this product is composed of 51% cotton and 49% filament polyester. The fabric is characterized by a complex woven geometric design featuring series of squares in a variety of colors and sizes. Your correspondence indicates that one side of the fabric has been coated with acrylic plastic that is intended to stiffen the fabric and increase resistance to wear. The acrylic coating is not visible to the naked eye.

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. In addition, it provides guidance on the classification of combinations of textile and plastics. 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 plastic material (compact or cellular), other than:

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

(2) Products which cannot, without fracturing, be bent manually around a cylinder of a diameter of 7 mm, at a temperature between 15 C and 30 C (usually chapter 39)

(3) Products in which the textile fabric is either completely embedded in plastics or entirely coated or covered on both sides with such material, provided that such coating or covering can be seen with the naked eye with no account being taken of any resulting change of color (chapter 39);

(4) Fabrics partially coated or partially covered with plastics and bearing designs resulting from these treatments (usually chapters 50 to 55, 58 or 60);

Since the plastic coating on the jacquard woven fabric is not visible to the naked eye except for a change in color, it is not considered coated fabrics for the purposes of classification in heading 5903, HTS.

The applicable subheading for the jacquard woven fabric will be 5211.49.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of cotton, containing less than 85 percent by weight of cotton, mixed mainly or solely with man-made fibers, weighing more than 200 g/m2, of yarns of different colors, other fabrics, jacquard woven. The duty rate will be 8.9 percent ad valorem.

This fabric falls within textile category designation 220. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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 212-637-7092.

Sincerely,

Robert B. Swierupski
Director,

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