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NY G84858




December 6, 2000

CLA-2-56:RR:NC:TA:350 G84858

CATEGORY: CLASSIFICATION

TARIFF NO.: 5602.10.1000; 6002.43.0010

Mr. Mike Leahy
A.N. Derringer, Inc.
173 W. Service Road
Champlain, NY 12919

RE: The tariff classification of two textile laminated fabrics, for use in the manufacture of reversible garments, from Canada.

Dear Mr. Leahy:

In your letter dated November 21, 2000, on behalf of Doubletex, Montreal, Canada, you requested a classification ruling. This letter is a follow-up to your earlier letter of September 29, 2000, which was returned for additional information.

Two representative samples were submitted which were identified as #1 and #2, respectively.

The first item, #1 (“Blue Felt Material”), consists of a three-layer material. According to your correspondence, one outer layer consists of a woven fabric (burgundy) composed of 100% nylon man-made fiber filament yarn. This fabric is stated to originate in either Malaysia, Indonesia, China or the United States and weighs 110 g/m². The other exposed outer layer is a needleloom felt (blue) material composed of a 60% polyester/30% acrylic/10% viscose man-made fiber blend. Specifically, your client states that this is “an air laid non-woven material that has been further needle-punched to push the staple fibers though the base of the fabric to form a fur-like pile”. This material, being a needled fibrous batt, without a scrim, is, by its construction, a needleloom felt, not a nonwoven. This fabric is stated to originate in Italy and weighs 290g/m². Sandwiched between these two layers is a layer of polyester plastics foam (gray) which weighs 44 g/m². This foam layer originates in either the United States or Canada. These three layers are laminated together in Canada using an adhesive.

The second item, #2 (“Blue Fabric”) , consists of a laminated fabric consisting of one layer (blue) being of a 100% polyester open-work warp knit construction. The meshes are elliptical and measure about 1 mm x 2 mm. Laminated to this fabric is a woven red fabric composed of 100% nylon man-made fibers. These two layers are laminated together by means of an adhesive. This fabric weighs 220g/m².

The applicable subheading for fabric #1 will be 5602.10.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for needleloom felt and stitch-bonded fiber fabrics, laminated fabrics. The duty rate will be 13.6 percent.

The applicable subheading for the fabric #2 will be 6002.43.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for other knitted or crocheted fabrics, warp knit, of man-made fibers, open-work fabrics. The duty rate is 11.6 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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