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NY J86164




June 25, 2003

CLA-2-59:RR:NC:TA:350 J86164

CATEGORY: CLASSIFICATION

TARIFF NO.: 5903.20.2500

Mr. Gerwald Meilen
Aunde Corporation
3000 Town Center, Suite 1385
Southfield, MI 48075

RE: The tariff classification of woven textile fabrics laminated with foam, for automobile trim and seat upholstery, from Brazil.

Dear Mr. Meilen:

In your letter dated June 9, 2003, you requested a tariff classification ruling.

Three samples were submitted which were identified as “Rio Flat Construction.” In a recent telephone conversation with this office, you reiterated that the samples have the same construction, but can have a different weave pattern. Further, since these are only representative samples, no specific style or quality numbers have been assigned to the individual samples. A control number would be given after and order is placed for customer tracking and shipping.

Specifically, the three samples consist of a layer of polyurethane plastics foam, which has been laminated to a woven fabric composed of 100% polyester man-made fibers. In a phone conversation, you clarified that the added polyethylene plastics film, that you listed as being laminated to the opposite side of the foam layers, is in fact heated with the result being that it “melts” or blends into the foam and, thereby, loses its identity as a separate layer of plastic. The only remaining effect is a pink colored surface. This process helps prevent the material from sticking during the manufacture of the automobile seat.

According to your correspondence, these materials will be imported in thicknesses ranging from 3 to 8mm and will weigh between 340 and 575 grams per square meter. The submitted samples ranged between 3.5 and 4 mm in thickness. While it was not clear from your technical specification sheet, based on the submitted samples, the weight of the plastics portion vis a vis the textile, does not appear to be over 70 percent by weight of the total weight of the material. Specific data on a particular quality may result in a different textile to plastic weight ratio.

The applicable subheading for the three fabrics, which will be imported as roll goods up to approximately 50 yards in length and a width of approximately 59 inches or as cut rectangles for use as salesman samples, will be 5903.20.2500, Harmonized Tariff Schedule of the United States (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.

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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