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NY F89002




July 11, 2000

CLA-2-59:RR:NC:TA:350 F89002

CATEGORY: CLASSIFICATION

TARIFF NO.: 3921.13.5000; 5903.20.2500

Ms. Judith Hohberger
Saf-T-Gard
205 Huehl Road
Northbrook, Illinois 60062

RE: The tariff classification of one cellular foam material and one similar material laminated with a knit textile fabric, for use in the manufacture of glove linings, from China.

Dear Ms. Hohberger:

In your letter dated June 23, 2000, you requested a classification ruling.

Two representative samples were submitted which were not identified as to style or quality number. According to a recent telephone conversation with your office, both of these materials will be imported as roll goods measuring 52 inches wide and 50 yards in length.

The first item, although stated to be of a polyvinyl chloride plastics foam (cellular), was analyzed by the Customs laboratory and was found to be of a polyurethane plastic. This foam sheeting material is about 1/8" in thickness and will be imported as roll goods.

The second item consists of the same type of foam sheeting, but is about half as thick as the first, and has been laminated on one side with a knit textile fabric composed of 100% polyester man-made fibers. This knit textile portion has printed on it the “GELFOM” trademark, patent pending, and is considered more than mere reinforcement. This material will also be imported as roll goods as described above and will have application in the manufacture of glove linings with the fabric next to the skin.

The applicable subheading for the first item will be 3921.13.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for other plates, sheets, film, foil and strip, of plastics, cellular, of polyurethane, not combined with textile materials. The duty rate will be 4.2 percent ad valorem.

The applicable subheading for the second item will be 5903.20.2500, 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 duty rate will be 7.9 percent ad valorem.

Products classifiable under tariff subheading 5903.20.2500 fall within textile category designation 229. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa. There are no textile restraints for the first item classifiable in subheading 3921.13.5000.

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 George Barth at 212-637-7085.

Sincerely,

Robert B. Swierupski
Director,

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