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NY 863974

JUN 24 1991

CLA-2-55:S:N:N3H:352 863974


TARIFF NO.: 5512.29.0005

Mr. Maurice J. Deslauriers
C.S. Emery & Company
One Emery Drive
P.O. Box 149
Norton, Vermont 05907

RE: The tariff classification of a 100% staple acrylic vertical blind fabric from Canada.

Dear Mr. Deslauriers:

In your letter dated May 30, 1991, on behalf of your client Tisbek Vertical LTee., you requested a tariff classification ruling.

The submitted sample, identified as style Madeline 4601, is a 100% staple acrylic woven fabric which has been coated or impregnated with polyvinyl chloride. After being coated the fabric is cut into 3.5 inch wide strips. The fabric is constructed using marl or mixture yarns in the filling and unbleached or bleached yarns in the warp. The woven strips will be used to manufacture vertical blinds after import into the United States.

In Headquarters ruling 088188 (IA 24/90), this product was excluded from the provision for fabrics impregnated, coated, covered or laminated with plastics in heading 5903, Harmonized Tariff Schedules of the United States (HTS). The polyvinyl chloride coating was determined not to be visible to the naked eye and therefore excluded from heading 5903, HTS, by operation of Note 2(a)(1) to chapter 59. This ruling went on to say that this product was not a narrow fabric in heading 5806, HTS, since the fabric did not have real or false selvages and there was no evidence that any treatment was performed on the edges of this fabric which made such edges fast. The fabric did not unravel because of the overall application of plastic coating and not as a result of some treatment to the edges of the fabric to make them fast. In view of these facts Headquarters concluded that this fabric should be classified as a woven fabric of chapter 55 and not as either a coated fabric of chapter 59 or a narrow fabric of chapter 58.

Your correspondence purports to provide evidence that this fabric does have real or false selvages. You indicate that the edges are made fast when the strips are manufactured by cutting with a dull roller blade which applies pressure and results in a fast edge by crushing the resin and the fibers together at the edges of the fabric strips. We do not agree that this process results in a real or false selvage. The strip would not unravel because the whole fabric has been coated and not because of the method of cutting the fabric. Since this process of cutting the fabric is not a recognized method of producing a fast edge, this product does not meet the requirements of Note 5 to chapter 58 which defines narrow woven fabric.

The applicable subheading for the woven fabric strips will be 5512.29.0005, HTS, which provides for woven fabrics of synthetic staple fibers, containing 85 percent or more by weight of synthetic staple fibers, containing 85 percent or more by weight of acrylic or modacrylic staple fibers, other, of yarns of different colors, except blue denim or jacquard weave. The duty rate will be 17 percent ad valorem.

Goods classifiable under subheading 5512.29.0005, HTS, which have originated in the territory of Canada, will be entitled to a 11.9 percent rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

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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