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NY I82430




September 16, 2002

CLA-2-55:RR:NC:TA:350 I82430

CATEGORY: CLASSIFICATION

TARIFF NO.: 5515.91.0090

Ms. Donna Albert
Eagle Global Logistics
4370 Old Dixie Road
Atlanta, GA 30354

RE: The tariff classification of a plastics coated textile fabric, for use in upholstery, from China.

Dear Ms. Albert:

In your letter dated May 17, 2002, which was a follow-up to your earlier correspondence of April 19th, where we requested additional information, you requested a classification ruling. This request is on behalf of Benchcraft, Blue Mountain, MS.

The instant sample, identified as style 0589-84 & 99, is described in your letter as a woven fabric composed of 100 percent polypropylene man-made fibers which contains a “latex” coating on the back surface. The coating substance, according to your recent letter and verified by our laboratory, is an acrylic polymer. However, this plastic material applied to the under side of the fabric is in an insufficient amount to be visible to the naked eye. For a fabric to be considered a plastic coated fabric under heading 5903, this coating must be visible to the naked eye. In this regard, Chapter 59, note 2(a)(1) reads: Heading 5903, HTS, applies to:

(a)Textile fabrics, impregnated, coated, covered or laminated with plastics, whatever the weight per square meter and whatever the nature of the plastic material (compact or cellular), other than:

(1)Fabrics in which the impregnation, coating or covering cannot be seen with the naked eye (usually chapters 50 to 55, 58 or 60): for the purposes of this provision, no account should be taken of any resulting change in color;

You provided the following technical specifications for this material:

Wt. Of coating: 35-40 g/m² Wt. Of Staple fibers: 76% Wt. Of Fabric: 314 g/m² Wt. Of Filament fibers: 24% Total Wt.: 365 g/m²

The New York Customs laboratory analyzed the instant sample and made the following determination:

Wt. Of Fabric: 279.2 g/m² (95.6%) Staple Olefin: 74.9% Wt. Of Coating: 12.9 g/m² ( 4.8%) Filament Olefin: 25.1% Total Wt.: 292.1 g/m² 100%

The applicable subheading for the material will be 5515.91.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for other woven fabrics, of synthetic staple fibers, mixed mainly or solely with man-made filaments. The duty rate will be 13 percent ad valorem.

This merchandise falls within textile category designation 629. 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 646-733-3044.

Sincerely,

Robert B. Swierupski
Director,

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