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NY 860703

MAR 08, 1991

CLA-2-59:S:N:N3H:350 860703


TARIFF NO.: 5903.90.2500; 5407.42.0060

Ms. Carolyn L. Bostwick
8131 Pleasant Plains Road
Towson, MD 21204

RE: The tariff classification of three textile fabrics for use in the manufacture of insignia and badges, from Korea.

Dear Ms. Bostwick:

In your letter dated January 31, 1991, on behalf of Eastern Design, you requested a classification ruling.

Three representative samples were submitted. The first item (Mod. WYA) consists of a 100 percent woven nylon fabric that is backed with a polyamide adhesive film which is visible to the naked eye. You state that this fabric will be imported in sheets measuring 50cm x 45cm and that ten sheets will make a package that weighs 750 grams. The second item (Mod. WYN) is a 100 percent woven nylon fabric that is backed with a sheer nonwoven foil which is composed of polyester and rayon man-made fibers. This fabric weighs 220 grams per square yard and will be imported on a bolt 42 inches wide and 50 yards long. The third and final item (Mod. WYS) is also a 100 percent woven nylon fabric which you indicate is made of yarn that was dyed and soaked in some kind of resin. This fabric will also be imported in the same manner as style Mod. WYN.

The applicable subheading for the first item (Mod. WYA) 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 will be 8.5 percent ad valorem. The other two fabrics (Mod. WYN and Mod. WYS) are both classifiable in item 5407.42.0060, HTS, which provides for other woven fabrics of synthetic filament yarn, containing 85 percent or more by weight of filaments of nylon or other polyamides, weighing more than 170 grams per square meter. The duty rate is 17 percent ad valorem.

Products classifiable in HTS items 5903.90.2500 and 5407.42.0060 fall within textile category designations 229 and 620, respectively. Based upon international textile trade agreements, products of Korea are subject to quota and the requirement of a visa.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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