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NY I86372




September 20, 2002

CLA-2-59:RR:NC:TA:350 I86372

CATEGORY: CLASSIFICATION

TARIFF NO.: 5903.90.2500

Mr. George Ladner
Intertex Group, Inc.
19509 River Falls Drive
Davidson, NC 28036

RE: The tariff classification of a woven upholstery fabric containing a light back coating with acrylics plastic, from Indonesia.

Dear Mr. Ladner:

In your letter dated September 5, 2002, you requested a tariff classification ruling.

The instant sample, design Genoa_150, color 121 (blue), consists of a textile fabric of a somewhat open basket weave construction. The underside of the fabric contains an acrylics plastics coating which is not applied in a uniform manner, but more in patches across the back surface of the fabric. It is, nonetheless, visible to the naked eye and not applied in the form of a design. Your letter contained the following technical specifications for this fabric;

Yarn type: Filament
Fiber/Percent 100% Olefin
Weight: 208 g/m²
Width: 150 cm
Construction: Basket weave
Coating: Acrylic plastic (less than 10% of total weight. Principal Use: Upholstery

The applicable subheading for the material 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 plastics. The duty rate is 7.7 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 George Barth at 646-733-3044.

Sincerely,

Robert B. Swierupski
Director,

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