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NY N022984




March 5, 2008

CLA-2-39:OT:RR:NC:TA:350

CATEGORY: CLASSIFICATION

TARIFF NO.: 3921.12.1950

Mr. Gerardo Sanchez
Customs Broker
3070 Spur 239
PO Box 1273
Del Rio, TX 78840

RE: The tariff classification of four imitation leather fabrics, for use in the manufacture of automobile seat covers, from Mexico.

Dear Mr. Sanchez:

In your letter dated October 31, 2007, which was returned for more information, you requested a tariff classification ruling. This ruling is on behalf of Foamex LP, Linwood, Pennsylvania.

You submitted four representative samples which differed mainly in color and weight. They are identified as follows;

Sample #1 (10XV202607) /682 g/m²
Sample #2 (10XV201371) /796 g/m²
Sample #3 (10XV204215) /895 g/m²
Sample #4 (12XV201445) /895 g/m²

You write in your letter that all four materials consist of polyester knit fabrics of pile construction that have been laminated on one side with a substantial polyvinyl chloride plastics material which is cellular in nature. The top PVC portion of each sample contains a rather thin polyurethane plastic top coat finish that is dyed and embossed to simulate real leather. You further write that the plastic layer is further perforated with small holes which are directed from the textile reinforcement portion of the material. We wish to note that bench tests of the instant samples reveals that none of the submitted samples is of a pile construction as stated in your correspondence.

The applicable subheading for the product will be 3921.12.1950, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other plates, sheets, film, foil and strip, of plastics, cellular, of polymers of vinyl chloride, combined with a single textile material, other. The rate of duty will be 5.3 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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