NY 0865436 - The tariff classification of woven polyester fabric from Japan. - United States International Trade Commision Rulings

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NY 865436

Aug 22 1991

CLA-2-54:S:N:N3H:352 865436

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.60.2025

Mr. Jeffrey Woo
Mitsubishi International Corporation
333 South Hope Street, Suite 2500
Los Angeles, California 90071

RE: The tariff classification of woven polyester fabric from Japan.

Dear Mr. Woo:

In your letter dated July 18, 1991 you requested a classification ruling.

The product which you intend to import is a plain woven fabric composed of 100% non-textured polyester monofilament. It contains 100 yarns per centimeter in the warp and 100 yarns per centimeter in the filling. It is constructed using 30 micron monofilament in both the warp and the filling. The fabric weighs approximately 75 g/m2 and is colored black. After weaving the fabric is coated with a nickel plating followed by a copper plating. Finally, it is coated with carbon black dispersed in an acrylic binder. You indicate that the fabric will be imported on rolls in 102 centimeter widths, as well as, pre-cut into small squares and rectangles. This product will be used to manufacture screens for computer monitors. The screens eliminate glare, protect the user of the computer monitor from radiation and eliminates static electricity which is produced by the cathode ray tube in the monitor.

Note 2 and Note 5 of chapter 59 exclude from the scope of the provisions for impregnated, coated, covered or laminated fabrics those fabrics in which the impregnation, covering or coating cannot be seen with the naked eye. In addition, these notes indicate that in applying the visibility test that no account should be taken of any resulting change of color. Since the coatings applied to the computer monitor screen fabric are not visible to the naked eye except by change of color, the fabric is not considered coated for the purposes of the HTS.

The applicable subheading for the woven fabric both in material lengths and when cut into squares or rectangles will be 5407.60.2025, HTS, which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from material of heading 5404, other woven fabric, containing 85 percent or more by weight of non-textured polyester filaments, other, dyed, weighing not more than 170 g/m2, flat fabrics. The duty rate will be 17 percent ad valorem.

Both the fabric in rolls and the cut squares and rectangles fall within textile category designation 619. Based upon international textile trade agreements, products of Japan are subject to visa requirements.

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.

Sincerely,

Jean F. Maguire
Area Director

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