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NY J84698




July 22, 2003

CLA-2-59:RR:NC:TA:350 J84698

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.42.0060; 5903.20.2500; 5903.90.2500

Ms. Sharon A. Watson
Bob Barker Co., Inc.
7925-B Purfoy Road
Fuquay-Varina, NC 27526

RE: The tariff classification of three plastic coated textile fabrics, from either China or Korea.

Dear Ms. Watson:

In your letter dated April 29, 2003, you requested a tariff classification ruling.

The first item, style LC-1 and forest green in color, consists of a woven fabric (filament) composed of 500 denier nylon man-made fibers (53 x 38). This material contains a very light water based urethane coating on one side, which is not in sufficient amount to be visible to the naked eye. The material weighs 8.1 ounces per square yard.

The second item, style H-1, and navy blue in color, consists of a knit fabric composed of filament polyester man-made fiber yarns that has been coated on one surface with what our laboratory determined is a compact ethylene vinyl acetate plastics material. Your letter was not clear about the exact type of plastic. This material was further analyzed by the New York Customs laboratory which made the following determination concerning weights:

Wt. Of Textile: 125.4 g/m² (51.2%)
Wt. Of Plastic: 119.6 g/m² (48.8%)
Total Wt.: 245.0 g/m²

The third item, style S-1, and light blue in color, consists of a knit fabric composed of filament polyester man-made fibers, that has been coated on one surface with a compact polyurethane type plastics material. This material was analyzed by the New York Customs laboratory which made the following determination concerning weights:

Wt. Of Textile: 133.8 g/m² (48.7%)
Wt. Of Plastic: 140.9 g/m² (51.3%)
Total Wt.: 274.7 g/m²

These materials, which will be imported as roll goods, have application in such things as therapeutic mattress covers and ticking, wheelchair and stretcher pads, etc.

The applicable subheading for style LC-1 will be 5407.42.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from the materials of heading 5404, other woven fabrics, containing 85 percent or more by weight of filaments of nylon or other polyamides, dyed, weighing more than 170 g/m². The duty rate will be 15.1 percent ad valorem.

The applicable subheading for style H-1 will be 5903.90.2500, 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.

The applicable subheading for style S-1 will be 5903.20.2500, HTS, which provides for textile fabrics impregnated, coated, covered or laminated, with plastics, with polyurethane, of man-made fibers, not over 70 percent by weight of rubber or plastics. The duty rate will be 7.6 percent ad valorem.

Style LC-1 falls within textile category designation 620. Based upon international textile trade agreements products of either China or Korea are subject to quota and the requirement of a visa. There are currently no textile restraints for styles H-1 and S-1.

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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