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NY G86078




January 12, 2001

CLA-2-56:RR:NC:TA:350 G86078

CATEGORY: CLASSIFICATION

TARIFF NO.: 5603.12.0090

Mr. Charley Kuczynski
TY- Breakers Corporation
107 Industrial Drive
Jersey City, NJ07305

RE: The tariff classification of a plastic laminated nonwoven fabric for use in the manufacture of jackets and/or accessories like bags, from China.

Dear Mr. Kuczuynski:

In your letter dated December 27, 2000, you requested a classification ruling.

The instant sample, as described in your letter, consists of a lightweight spunbonded nonwoven fabric composed of high-density polyethylene man-made filaments that has been laminated on one side with a thin layer of polyethylene plastics film. You state that this material weighs approximately 2 to 2.1 ounces per square yard. That converts to 59 grams per square meter. The nonwoven portion accounts for about 1.25 oz/y² and the plastic film .75 to .76 oz/y².

While your letter indicates that this material may be imported in 60 inch wide rolls, your question concerning the applicable tariff classification of accessories and jackets manufactured form such material requires additional information such as technical specification sheets, sales literature, catalog pages as well as a depiction of how and where such products will ultimately be used. Representative samples will likely be required in most instances.

The applicable subheading for the material imported as piece goods will be 5603.12.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for nonwovens whether or not impregnated, coated, covered or laminated, of man-made filaments, weighing more than 25 g/m² but not more than 70 g/m², impregnated. The duty rate will be Free.

This merchandise falls within textile category designation 223. 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 George Barth at 212-637-7085.

Sincerely,

Robert B. Swierupski
Director,

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