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NY L88807




December 1, 2005

CLA-2-59:RR:NC:TA:350 L88807

CATEGORY: CLASSIFICATION

TARIFF NO.: 5903.90.2500

Ms. Liza V. Schaeffer
Grunfeld, Desiderio, Lebowitz & Klestadt LLP 399 Park Avenue, 25th Floor
New York, NY 10022-4877

RE: The tariff classification of three plastics coated textile fabrics, of a kind used in upholstery, from China.

Dear Ms. Schaeffer:

In your letter dated November 16, 2005, on behalf of H.M. Richards, Inc., Baldwyn, Mississippi, you requested a tariff classification ruling.

Three representative samples were submitted which were identified as styles BF3588-1, BF3591-1 and BF3542-1, respectively.

Your samples are being returned as requested.

All three materials consist of jacquard woven fabrics that are composed of 100% polyester man-made fibers. All three materials have received an application of a milky-white acrylic plastics coating on their posterior surface, which is in sufficient quantity to be visible to the naked eye. This coating does not appear to be over 70 percent by weight of the total weight of the material.

The applicable subheading for all three styles 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 plastics. The duty rate is 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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