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NY F88487





July 11, 2000

CLA-2-59:RR:NC:TA:350 F88487

CATEGORY: CLASSIFICATION

TARIFF NO.:3920.92.0000; 5903.90.1000; 5903.90.2500

Mr. Eric Gilmore
Expeditors International of Washington, Inc. Westmark Building, Suite 201
980 Beaver Grade Road
Corapolis, PA 15108

RE: The tariff classification of four fusible interlining facings for garments, from Germany.

Dear Mr. Gilmore:

In your letter dated June 9, 2000, on behalf of Hugo Boss Fashions, Inc., Brooklyn, NY, you requested a classification ruling. The supplier is Hugo Boss AG, Metzingen, Germany

The first item, article #388 0000, consists of an extruded plastic tape (not self-adhesive) that looks like netting. It is stated to be composed of 100% polyamide plastics and measures about 1/2" in width. It appears to contain a paper release which is considered packing. This material is stated to weigh 30 grams per square meter.

The second item, article #393 0090, consists of a woven interlining material measuring about 1 1/2" in width. It is composed of 100% viscose man-made fibers and contains thermoplastic resin dots uniformly spread across one side of the material. These dots are visible to the naked eye. This material is stated to weigh 150 grams per square meter.

The third item, article #289 xxxx, consists of a woven interlining material composed of a 34% viscose/34% polyester/32% polytetrafluor ethylene man-made fiber blend. This material contains thermoplastic resin dots spread across one side of the material which are visible to the naked eye. This material is stated to weigh 100 grams per square meter.

The fourth and final item, article #376 xxxx consists of a woven cotton interlining fabric measuring about 2 1/2" in width in width which contains fusible thermoplastic resin dots spread across one side of the material. On the other side is laminated a narrower nonwoven layer (about 1 3/8") of fabric composed of a blend of polyamide/polyester man-made fibers. Both of these fabrics impart equally to the essential character of the material and, therefore, following the General Rules of Interpretation, the product will be classified under the tariff heading which appears last in the tariff. This material is not considered a “made-up” textile product.

Without details, because of the visible plastics coatings on several of these goods, they are classified elsewhere then where you suggest in the tariff.

The applicable subheading for article #388 0000 will be 3920.92.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other plates, sheets, film, foil and strip, of plastics, noncellular and not reinforced, laminated, supported or similarly combined with other materials, of polyamides. The duty rate will be 4.2 percent ad valorem.

The applicable subheading for articles #393 0090 and #289 xxxx will be 5903.90.2500, Harmonized Tariff Schedule of the United States (HTS), which provides for textile fabrics impregnated, coated, covered or laminated, with other plastics, of man-made fibers, not over 70 percent by weight of rubber or plastics. The duty rate will be 7.9 percent ad valorem.

The applicable subheading for article #376 xxxx will be 5903.90.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for textile fabrics impregnated, coated, covered or laminated, with other plastics, of cotton. The duty rate will be 3.7 percent ad valorem.

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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