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NY 897773




June 6, 1994

CLA-2-59:S:N:N6:350 897773

CATEGORY: CLASSIFICATION

TARIFF NO.: 5903.90.2500

Ms. Jennifer Wong
Jinxing Import/Export Co.
46 Vernon Street
San Francisco, CA 94132

RE: The tariff classification of aluminum coated textile fabrics from China.

Dear Ms. Wong:

In your undated letter (resubmitted) which was postmarked May 2, 1994, you requested a classification ruling. This was a follow up to your original letter of April 11, 1994 which was returned to you for additional information.

The merchandise in question consists of woven fabrics composed of different man-made fibers that have been coated on one side with an aluminum "pigment". These materials, having been coated with the aluminum, are designed for protection from the ultra-violet rays of the sun and, as such, will be used to make tents, curtains and umbrellas, etc. Initially, you submitted five very small pieces of material, but you did not furnish any style names or numbers to identify the various materials. Your present letter is still deficient in that it does not supply any manufacturing details or weights. From a visual inspection, however, of the present three samples, the aluminum "pigment" seems to have been combined with a plastics substance prior to the coating of the fabric. The weight of the plastic appears to be less than 70 percent by weight of the total weight of the fabric.

The applicable subheading for the materials, therefore, will be 5903.90.2500, Harmonized Tariff Schedule of the United States (HTS), which provides for textile fabrics impregnated, coated, covered or laminated with plastics, of man-made 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 China are subject to quota restraints and 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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