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NY 805094





December 15, 1994

CLA-2-56:S:N:N6:350 805094

CATEGORY: CLASSIFICATION

TARIFF NO.: 5603.00.3000

Mr. D.D. Whitehead
WECI International
1904 S.E. 43rd Street
Portland, OR 97215

RE: The tariff classification of a plastic/nonwoven textile protective material, from China.

Dear Mr. Whitehead:

In your letter dated December 8, 1994, you requested a classification ruling. You indicate the manufacturer is Jiangsu Provincial Plastic Industry Company, Jiangsu Province, China.

While you refer to the product as a plastic protective sheet, the merchandise as represented by the instant sample, consists of two distinct layers. One layer, comprising about 55% by weight, is a spunbonded textile layer composed of polypropylene man-made fibers. This material is laminated on one surface with a polyethylene plastic film comprising 45% by weight, respectively. This design combines a moisture barrier with a soft, absorbent textile layer. The overall thickness of the material is 0.007" and we assume that this material will be imported as piece goods. This material is protective in nature for among other things: 1) providing a protective covering to be used between the bottom sheet and the mattress cover on a bed and 2) providing a protective covering to be used between a pillow and the pillow case. Potential users of this material include hospitals, nursing homes, hotels, ambulance gurneys and many others.

The applicable subheading for the product will be 5603.00.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for nonwovens, whether or not impregnated, coated, covered or laminated, laminated fabrics. The duty rate will be 16 percent ad valorem.

This merchandise falls within textile category designation 223. Based upon international textile trade agreements products of China are subject to quota 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
New York Seaport

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