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NY K82606




January 29, 2004
CLA-2-59:RR:NC:TA:350 K82606

CATEGORY: CLASSIFICATION

TARIFF NO.: 5903.90.1000

Mr. Steven Yun
Deertex USA, Inc.
3595 Chauder Drive
Fremont, CA 94555

RE: The tariff classification of a plastics coated upholstery fabric, from China.

Dear Mr. Yun:

In your letter dated January 15, 2004, you requested a tariff classification ruling.

The instant sample, identified as style C647-24C, consists of a jacquard woven upholstery fabric (67.5/cm x 16.9/cm), which your letter indicates is composed of 57% cotton/43% polyester filament man-made fibers. This material has been visibly coated on one side with what you indicate is a polyacrylaten plastics material accounting for 1-2% of the total weight. Your letter further states that this material will be imported as roll goods having 142-cm widths and weighing 430 grams per square meter.

We concur with your contention that the applicable subheading for the material is 5903.90.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for textile fabrics impregnated, coated, covered or laminated with plastics, of cotton. The rate of duty will be 2.7 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 Deborah Walsh at 646-733-3044.

Sincerely,

Robert B. Swierupski
Director,

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