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NY K86938




June 30, 2004
CLA-2-59:RR:NC:TA:350 K86938

CATEGORY: CLASSIFICATION

TARIFF NO.: 5903.90.2500

Mr. John Mattson
Customs & Trade Solutions, Inc.
66 Whitherspoon, Suite 321
Princeton, NJ 08542

RE: The tariff classification of an “aluminized” knit fabric, from China.

Dear Mr. Mattson:

In your letter dated June 7, 2004, on behalf of Lion Apparel, Dayton, OH, you requested a tariff classification ruling.

The instant sample, identified as item RM# 1564, consists of a single jersey knit fabric which has been completely covered on one surface with a thin contiguous metallic "foil". This "foil" film is believed to be of a metallic powder that is contained in a plastic matrix carrier. Such "foil" is considered to be a plastic in nature. Your letter states that the base fabric is made from spun yarns of synthetic man-made fibers and the following weight breakdown was provided: 70% Para-Aramid/27% PBI®/3% aluminized polyester film.

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 rubber or plastics. The duty rate will be 7.5 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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