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NY I80182




May 3, 2002

CLA-2-39:RR:NC:TA:350 I80182

CATEGORY: CLASSIFICATION

TARIFF NO.: 3921.90.1950; 5903.10.2500; 6005.31.0020

Mr. David S. Liu
TexLink, Inc.
P.O. Box 70968
Richmond, VA 23255

RE: The tariff classification of four special fabrics for use in geotextile, furniture and structural composites, etc., from either China, Malaysia, Thailand, or Indonesia.

Dear Mr. Liu:

In your letter dated March 15, 2002, you requested a classification ruling.

Four representative samples were submitted which were identified as items “A”, “B”, “C” and “D”, respectively. It is inferred from your correspondence that all of these items will be imported as roll goods.

The first item, “A”, consists of a fabric woven from 1000 denier polyester yarns that have been coated or encapsulated with a polyvinyl chloride plastics material prior to weaving. You state that this material could also be constructed from polyester yarns of a different denier or even nylon. This will not affect the ultimate classification. In a Fax dated April 25, 2002, you indicate that the material has the following respective weights:

Yarn weight areal density: approximately 130 g/m² (32.5%) Coating areal density: approximately 270 g/m² (67.5%) Total fabric areal density: approximately 400 g/m² (100%)

This material will be used in household furniture items and sun shading devices. The country of origin is given as China.

The second item, ‘B”, consists of a geotextile type material. It is constructed from a knit fabric of polyester man-made filament yarns that has been completely coated or encased on both sides with a compact polyvinyl chloride plastics material. Specifically, the fabric itself, is a warp knit with weft insertions that are machine set to create the various mesh sizes. While the instant sample has a mesh size of approximately 1" x 7/8", you indicate that other mesh sizes are possible. This material was informally weighed and was found to weigh 1, 172 g/m². The country of origin is given as either China, Malaysia, Thailand or Indonesia.

The third sample, item ‘C”, consists of a stitch-bonded fiber fabric. Specifically, it consists of a 100% polyester man-made fiber web or batt that has undergone a stitch-bonding operation using textile yarns in a warp knitting type of machine. Your letter indicates that the nonwoven web or batt is composed of either polyester or polypropylene man-made fibers and the warp knit stitching is polyester filament. The principal use of this fabric is as a geotextile material. The country of origin is given as either China, Malaysia, Thailand or Indonesia.

The fourth sample, item ‘D”, is a two layer material with each layer composed of a single ply of parallel man-made filaments/fibers which are white in color. These two layers, with their respective fibers lying at right angles to each other are laminated together and completely covered on both sides with a clear plastic film in sufficient amount to be visible to the naked eye. This thin plastics film is compact in nature. This material was informally weighed and was found to weigh approximately 180 g/m². This material has application in such things as structural composites and protection devices for vehicles and people. The country of origin is given as China.

The applicable subheading for item “A” 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 7.7 percent ad valorem. (Chapter 59, note 2(b).

The applicable subheading for items “B” and “D” will be 3921.90.1950, Harmonized Tariff Schedule of the United States (HTS), which provides for other plates, sheets, film, foil and strip, of plastics, other than cellular, combined with a single textile material, other, weighing not more than 1.492 kg/m². The rate of duty will be 5.3 percent ad valorem.

The applicable subheading for item ‘C” will be 6005.31.0020, HTS, which provides for warp knit fabrics, , of synthetic fibers, unbleached or bleached, other than open-work fabrics, stitch-bonded goods. The duty rate is 10.8 percent ad valorem.

There are presently no textile restraints for any of these four materials from either China, Indonesia, Malaysia or Thailand.

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 646-733-3044.

Sincerely,

Robert B. Swierupski
Director,

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