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NY 897768




June 9, 1994

CLA-2-59:S:N:N6:350 897768

CATEGORY: CLASSIFICATION

TARIFF NO.: 5903.20.2500

Mr. Arthur M.J. Chen
Metro Textile Inc.
South Coast Metro Center
535 Anton Blvd. #930
Costa Mesa, CA 92626

RE: The tariff classification of a coated fabric from Thailand.

Dear Mr. Chen:

In your letter dated May 3, 1994, on behalf of Huber Textile Inc., you requested a classification ruling. You state that you are the manufacturers representative for Men Yi Corporation of Taipei, Taiwan. The manufacturer of this merchandise is Mun Ying Co., Ltd., Bangkok, Thailand.

The instant sample, style #3628, and black in color, consists of a textured polyester oxford fabric (900Dx1080D/36x28, 58/60" wide) that has been coated on one side with a polyurethane plastics material. This coating is sufficient to be considered visible to the naked eye. You provided the following technical specifications for this material:

Yarn size warp - 900D textured polyester yarns Yarn size weft - 1080D textured polyester yarns

Wt. of fabric: 12.11oz/y2 (84%)
Wt. of coating: 2.30oz/y2 (16%)
Total wt.: 14.41oz/y2 (100%)

The New York Customs laboratory analyzed the instant sample and made the following determination:

Wt. of fabric: 9.10oz/y2 (73.7%)
Wt. of coating: 3.25oz/y2 (26.3%)
Total wt.: 12.35oz/y2 (100%)

The applicable subheading for the material will be 5903.20.2500, Harmonized Tariff Schedule of the United States (HTS), which provides for textile fabrics impregnated, coated, covered or laminated with plastics, with polyurethane, of man-mae fibers, not over 70 percent by weight of plastics. The duty rate will be 8.5 percent ad valorem.

This merchandise falls within textile category designation 229. Based upon international textile trade agreements products of Thailand are subject to the requirement of a visa.

The designated textile and apparel categories 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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