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NY J80467




February 4, 2003

CLA-2-59:RR:NC:TA:350 J80467

CATEGORY: CLASSIFICATION

TARIFF NO.: 5903.10.2500; 5903.90.2500

Mr. James F. Morgan
PBB Global Logistics
883-D Airport Park Road
Glen Burnie, MD 21061

RE: The tariff classification of five plastics coated window shade fabrics, from the United Kingdom.

Dear Mr. Morgan:

In your letter dated January 22, 2003, on behalf of Louver-Lite (Canada) Ltd., Ontario, Canada, you requested a tariff classification ruling.

Five representative samples were submitted along with their respective technical specification sheets. The five materials are identified as styles Melody SPC, Madrid SPC, Linen ESP, Jamboree and Haze ESP. Your letter indicates that these materials will be imported as roll goods or cut-to-length pieces depending upon customer specifications. In a recent telephone conversation with this office, you indicated that while you didn’t know the lengths of this material if imported as roll goods, the widths of those rolls will be 96 inches. Additionally, if imported in cut to length sizes, the lengths would be 5 meters long and, again, 96 inches wide.

The first item, Melody SPC, consists of a woven base cloth (153 x 93) composed of 100% polyester fibers (filament) that has been coated on one side with a vinyl based plastics emulsion which is visible to the naked eye. The following weights were furnished:

Wt. Of Fabric: 90 g/m² (56%)
Wt. Of Coating: 70 g/m² (44%)
Total Wt.: 160 g/m²

The second item, Madrid SPC, consists of a jacquard woven base cloth (81 x 51) composed of 100% polyester fibers (filament) that has been coated on one side with a vinyl based plastics emulsion which is visible to the naked eye. The following weights were furnished:

Wt. Of Fabric: 150 g/m² (71%)
Wt. Of Coating: 60 g/m² (29%)
Total Wt.: 210 g/m²

The third item, Linen ESP, consists of a woven base cloth (158 x 93) composed of 100% polyester fibers (filament) that has been laminated on one side with a polyester plastics film which is visible to the naked eye. The following weights were furnished:

Wt. Of Fabric: 90 g/m² (33%)
Wt. Of Coating: 185g/m² (67%)
Total Wt.: 275 g/m²

The fourth item, Jamboree, consists of a plain woven base cloth (51 x 36) composed of 100% polyester fibers (open end spun) that has been coated on one side with a vinyl based plastics emulsion. While you believe the coating on this style is not visible to the naked eye, the plastic does sufficiently fill the interstices of this slightly open weave fabric to be visible to the naked eye. The following weights were furnished:

Wt. Of Fabric: 110 g/m² (55%)
Wt. Of Coating: 90 g/m² (45%)
Total Wt.: 200 g/m²

The fifth and final item, HAZE ESP, consists of a woven base cloth (158 x 93) composed of 100% polyester fibers (filament) that has been laminated on one side with a polyester plastics film which is visible to the naked eye. The following weights were furnished:

Wt. Of Fabric: 90 g/m² (33%)
Wt. Of Coating: 185 g/m² (67%)
Total Wt.: 275 g/m²

The applicable subheading for styles Melody SPC, Madrid SPC and Jamboree 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 7.6 percent ad valorem.

The applicable subheading for styles Linen SPC and Haze ESP 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 7.6 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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