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NY G85720




January 25, 2001

CLA-2-54:RR:NC:TA:352 G85720

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.71.0060; 5407.73.2060; 5903.10.2500

Mr. James F. Morgan
PBB Global Logistics
883-D Airport Park Road
Glen Burnie, MD 21061

RE: The tariff classification of four textile fabrics for fabrication into window shades, from England.

Dear Mr. Morgan:

In your letter dated January 5, 2001, on behalf of Louver-Lite (Canada) Limited, Thorold, Ontario, Canada, you requested a classification ruling.

You seek the tariff classification of four textile fabrics coated with a water based vinyl (PVC) emulsion. The respective base fabrics originate in Italy and are coated in England before being imported into the United States.

The four representative samples are identified as Linen, Linen Blackout (BO), Copelia and Jewel, respectively.

The first item, Linen, consists of a 84% polyester/16% polypropylene loosely woven plain weave fabric that has been lightly coated with the vinyl emulsion. This coating, though clear, is visible in the open spaces in the weave. You provided the following technical specifications for this material:

Wt. Of Fabric: 120 g/m² (73%) Warp: 41 ends/in Wt. Of Coating: 45 g/m² (27%) Weft: 28 picks/in Total Wt.: 165 g/m²

The second item, Linen Blackout, consists of a 84% polyester/16% polypropylene plain weave fabric that is covered on one side with what appears to be two layers of PVC, an inner black layer (seen in cross section) and a milk-white top layer. This material is impervious to light. You provided the following technical specifications for this material:

Wt. Of Fabric: 120 g/m² (22%) Warp: 41 ends/in Wt. Of Coating: 425 g/m² (78%) Weft: 28 picks/in Total Wt.: 545 g/m²

The third item, Copelia, consists of a 68% polyester/32% polypropylene man-made fiber jacquard weave fabric composed of filament yarns of different colors (white and green) that has been coated with the vinyl emulsion. This coating, however, is not visible to the naked eye. You provided the following technical specifications for this material:

Wt. Of Fabric: 185 g/m² (73%) 167/34/2 Dtex Warp Wt. Of Coating: 70 g/m² (27%) 400 Dtex Weft Total Wt.: 255 g/m²

The fourth and final item, Jewel, consists of a 68% polyester/32% polypropylene man-made fiber jacquard weave fabric composed of filament yarns that has been coated with the vinyl emulsion. This coating, also, is not visible to the naked eye. While the base cloth for this material is a fabric of yarns of different colors, the finished material is a bleached or unbleached material and, as such will govern the final classification. You provided the following technical specifications for this material:

Wt. Of Fabric: 185 g/m² (73%) Warp 89 ends/in Wt. Of Coating: 70 g/m² (27%) Weft 30 picks/in Total Wt.: 255 g/m²

According to your letter and specification sheets, these materials may be imported either as piece goods of 30-meter roll bolts or cut to the consignee’s specifications, which will be piece goods. All rolls will be in 72-inch widths.

The applicable subheading for styles Linen and Linen Blackout will be 5903.10.2500, Harmonized Tariff Schedule of the United States (HTS), which provides for textile fabrics impregnated, coated, covered or laminated, with plastics, with polyvinyl chloride, of man-made fibers, not over 70 percent by weight of rubber or plastics. The duty rate will be 7.8 percent ad valorem.

The applicable subheading for style Copelia, will be 5407.73.2060, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of synthetic filament yarn, containing 85 percent or more by weight of synthetic filaments, of yarns of different colors, weighing more than 170 g/m². The duty rate is 11 percent ad valorem.

The applicable subheading for style Jewel, will be 5407.71.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of synthetic filament yarn, containing 85 percent or more by weight of synthetic filaments, unbleached or bleached, weighing more than 170 g/m². The duty rate is 15.5 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 Alan Tytelman at 212-637-7092.

Sincerely,

Robert B. Swierupski
Director,

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