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NY 885581

May 25, 1993

CLA-2-54:S:N:N6:352 885581


TARIFF NO.: 5407.42.0060

Mr. Troy E. Clarke
CBT International, Inc.
110 West Ocean Blvd., Suite 1003
Long Beach, CA 90802

RE: The tariff classification of nylon woven fabric from Korea.

Dear Mr. Clarke:

In your letter dated April 29, 1993, on behalf of your client Answer Products, you requested a tariff classification ruling.

You have submitted a sample of woven fabric composed of 100% filament nylon that has been coated with polyurethane. The fabric is constructed using 500 denier yarns in both the warp and filling. This textile product is twill woven and it has been dyed a single uniform color. The fabric weighs 175 g/m2 and the polyurethane coating weighs 35 g/m2. The combined weight of this product is 210 g/m2 and it will be imported in 111 centimeter widths.
Note 2 to Chapter 59, Harmonized Tariff Schedule of the United States, (HTS), defines the scope of heading 5903, under which textile fabrics which are coated, covered, impregnated, or laminated with plastics are classifiable. Note 2 states in part that heading 5903, HTS, applies to:

(A) Textile fabrics, impregnated, coated, covered or laminated with plastics, whatever the weight per square meter and whatever the nature of the plastics material (compact or cellular), other than:

(1) Fabrics in which the impregnation coating or covering cannot be seen with the naked eye (usually chapter 50 to 55, 58 or 60); for the purpose of this provision, no account should be taken of any resulting change in color;

Since the polyurethane coating on this fabric is not visible to the naked eye, it is not classifiable in heading 5903, HTS.

The applicable subheading for this twill woven nylon fabric will be 5407.42.0060, HTS, which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from heading 5404, other woven fabrics, containing 85 percent or more by weight of filaments of nylon or other polyamides, dyed, weighing more than 170 g/m2. The rate of duty will be 17 percent ad valorem.

This fabric falls within textile category designation 620. Based upon international textile trade agreements, products of Korea are subject to quota restraints and 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.


Jean F. Maguire
Area Director

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