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NY K88420




August 30, 2004
CLA-2-70:RR:NC:TA:352 K88420

CATEGORY: CLASSIFICATION

TARIFF NO.: 7019.52.9010

Mr. Martin W. Dooley
Multimodal International, Ltd.
2100 East Devon Ave., Suite C
Elk Grove Village, IL 60007

RE: The tariff classification of a plain woven fiberglass fabric whose yarns have been coated with PVC plastic from Japan.

Dear Mr. Dooley:

In your letter dated August 5, 2004, on behalf of your client Toyota Tsusho America, Inc., you requested a tariff classification ruling.

The submitted sample, designated as style LN 1814A Glass Fiber Net, is a plain woven fabric consisting of glass fiber yarns that have been coated with polyvinyl chloride plastic before being woven into a fabric. The plastic coating is colored grey. Weighing 105 g/m2, this product will be imported in 99 centimeter widths. This item is composed of approximately 50% fiberglass and 50% polyvinyl chloride. After importation the woven fabric will be incorporated into an air filter for use in automotive applications. It functions as a mechanism for holding carbon pellets in place in the air filter.

Each of the components forming this composite good provides it with essential characteristics necessary for the intended function of this product. The glass fiber is used in this product to provide strength, heat resistance and resistance to the corrosive effects of chemicals, while the plastic allows the open meshes of the fabric to be stabilized to prevent the yarns from shifting position. Since based on quantity, value and function, there is no single material which imparts this product with its essential character, classification of this product will be based on GRI 3(c) and classified in the heading which appears last in numerical order of those that merit consideration.

The applicable subheading for the plain woven glass fiber fabric will be 7019.52.9010, Harmonized Tariff Schedule of the United States (HTS), which provides for glass fibers (including glass wool) and articles thereof (for example, yarn woven fabrics), other woven fabrics, of a width exceeding 30 centimeters, plain weave, weighing less than 250 g/m2, of filaments measuring per single yarn not more than 136 tex, colored, other, weighing 185 grams or less per square meter. The rate of duty will be 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 Alan Tytelman at 646-733-3045.

Sincerely,

Robert B. Swierupski
Director,

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