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NY 870295


January 29, 1992
CLA-2-56:S:N:N3H:350 870295

CATEGORY: CLASSIFICATION

TARIFF NO.: 5603.00.3000

Mr. Thomas R. Boys
Akzo Industrial Systems Company
Suite 318, Ridgefield Business Center
Ridgefield Court
P.O. Box 7249
Asheville, NC 28802

RE: The tariff classification of a laminated fabric for use as a protective layer for childrens outdoor playgrounds, etc., from the Netherlands.

Dear Mr. Boys:

In your letter dated December 30, 1991, you requested a tariff classification ruling.

The instant sample, known as Enkaflex, is a multi-layer product composed of a nonwoven non-skid top layer composed of polyester man-made fibers (1mm), a reinforcing PVC layer composed of a woven textile scrim of man-made fibers completely embedded in the PVC (3mm), a three dimensional nylon mesh cushion layer (7mm) and a nonwoven polyester filter/separator layer (1mm). The figures in brackets are approximate thicknesses. Your correspondence indicates that this material weighs 5.2kg per square meter, is 12mm in overall thickness and will be imported in unspecified lengths having a width of either 1.90 or 2.20 meters. We wish to note that the "three dimensional mesh layer" is a somewhat open mesh constructed of man-made fiber filaments laid down in a random spaghetti-like configuration. Finally, you provide the following component breakdown by weight for this material:

PVC 106 ounces per square yard (70%)
Nylon mesh 12 ounces per square yard ( 8%)

Polyester fabric 34 ounces per square yard (22%)

Other applications of this product are for use in the protection of grass during pop concerts, use in various leisure and recreational areas and industrial applications in various areas. The material has practical applications in these areas because of the products impact absorbing qualities, electrical resistance and resistance to wear, etc.
The applicable subheading for the product will be 5603.00.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for laminated nonwovens, whether or not impregnated, coated, or covered. The rate of duty will be 16 percent ad valorem.

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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