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NY H84292




August 23, 2001

CLA-2-59:RR:NC:TA:350 H84292

CATEGORY: CLASSIFICATION

TARIFF NO.: 5903.90.1000, 5903.90.2500

Mr. George M. Keller
Customs Advisory Services, Inc.
1003 Virginia Avenue, Suite 200
Atlanta, GA 30354

RE: The tariff classification of five fusible interlining fabrics for use in apparel, from either China, Italy or Japan.

Dear Mr. Keller:

In your letter dated July 19, 2001, on behalf of Freudenberg Nonwovens, Durham, NC, you requested a classification ruling.

Five representative samples were submitted which were identified as styles Vilene® KD8925-12, ME9801-10, ME9801-84, ME9701 and ME9833-10, respectively.

The first item, style KD8925-12 Beige, consists of a cross twill 1/3, woven cotton fabric composed of staple fibers that has been lightly coated on one side with thermoplastic polyamide resin dots. This material, which will be imported in 100 meter lengths having 150 cm widths, weighs 88 g/m² (PA = 12 g/m²). This material will be used as a front fusing on men’s jackets and will be imported from Italy.

The second item, style ME9801-10 White, consists of a plain woven fabric 1/1, composed of 100% polyamide synthetic filament yarns that has been lightly coated on one side with thermoplastic polyamide resin dots. This material, which will be imported in 100 meter lengths having 90 cm widths, weighs 25 g/m² (PA = 6 g/m²). This material will be used as a front fusing for lightweight ladies blouses and will be imported from China.

The third item, style ME9801-84 Gray, consists of a plain woven fabric composed of 100% polyamide synthetic filament yarns that has been lightly coated on one side with thermoplastic polyamide resin dots. This material, which will be imported in 100 meter lengths having 90 cm widths, weighs 25 g/m² (PA = 6 g/m²). This material will be used as a front fusing for lightweight ladies blouses and will be imported from China.

The fourth item, style ME9701 Black, consists of a plain woven fabric 1/1, composed of 100% polyamide synthetic filament yarns that has been lightly coated on one side with thermoplastic polyamide resin dots. This material, which will be imported in 100 meter lengths having 150 cm widths, weighs 24 g/m². This material will be used as an interlining for ladies sheer and lightweight blouses and dresses and will be imported from Japan.

The fifth and final item, style ME9833-10 White, consists of a plain woven fabric composed of 100% polyamide synthetic filament yarns that has been lightly coated on one side with thermoplastic polyamide resin dots. This material, which will be imported in 100 meter lengths having 90 cm widths, weighs 45 g/m². This material will be used as a front fusing for ladies and men’s jackets and will be imported from China.

It appears that the thermoplastic resin was applied by a powder print coating method uniformly over one surface of all the materials. The thermoplastic resin “dots” are crystal clear in appearance. You do not believe that some of the coating substances are visible to the naked eye. Although all of the “crystals” are quite small in size and sparsely cover one surface, it is by the nature of fusible thermo dot interlining materials that the coatings are considered visible to the naked eye for tariff purposes.

All samples are considered plastic coated within the meaning of heading 5903, otherwise than by change of color.

The applicable subheading for style KD8925-12 will be 5903.90.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for textile fabrics, impregnated, coated, covered or laminated, with plastics, of cotton. The rate of duty will be 3.5 percent ad valorem.

The applicable subheading for the remaining four materials will be 5903.90.2500, Harmonized Tariff Schedule of the United States (HTS), which provides for textile fabrics, impregnated, coated, covered or laminated, with plastics, 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 good of man-made fibers 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 presently no textile restraints for this merchandise if a product of Italy or Japan.

Coated cotton fabrics are not subject to textile restraints.

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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