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NY 815470




March 11, 1996

CLA-2-59:RR:NC:TP:350 815470

CATEGORY: CLASSIFICATION

TARIFF NO.: 5903.20.2500; 5407.42.0030

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 two PU coated textile fabrics (packcloth) of kind used in back packs and luggage, etc., from Thailand.

Dear Mr. Chen:

In your letter dated September 21, 1996, on behalf of Huber Textile Inc., you requested a classification ruling. You state that you are the manufacturer's representative for Mun Ying Co. of Bangkok, Thailand.

Two representative samples were submitted. The first item, style #6647, which is white in color, consists of a 100% polyester filament oxford weave fabric (250Dx250D/66x47), 60" wide) that has been coated on one side with a pigmented polyurethane plastics material which is in a sufficient amount to be visible to the naked eye. You provided the following technical specifications for the material:

Yarn size warp - 250D polyester filament yarns Yarn size weft - 250D polyester filament yarns

Wt. of fabric: 4.17oz/y2 (85%)
Wt. of coating: 0.74oz/y2 (15%)
Total wt.: 4.91oz/y2 (100%)

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

Wt. of fabric: 3.60oz/y2 (83.0%) (122.1g/m2) Wt. of coating: 0.70oz/y2 (17.0%) ( 24.1g/m2) Total wt.: 4.30oz/y2 (100%) (146.2g/m2)

The second sample, style #7638, which is green in color, consists of a 100% nylon filament oxford weave fabric (210Dx420D/76x38, 60" wide) that has been coated on one side with a polyurethane plastics material which is not visible to the naked eye. You provided the following technical specifications for this material which differed somewhat from that which was found by our own laboratory:

Wt. of fabric: 4.40oz/y2 (87%)
Wt. of coating: 0.66oz/y2 (13%)
Total wt.: 5.06oz/y2 (100%)

Our laboratory made the following analysis on the instant sample:

Wt. of fabric: 4.2oz/y2 (92%) (142.4g/m2) Wt. of coating: 0.4oz/y2 ( 8%) (13.6g/m2) Total wt.: 4.6oz/y2 (10%) (156.0g/m2)

The applicable subheading for style #6647 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-made fibers, not over 70 percent by weight of plastics. The duty rate will be 8.3 percent ad valorem.

The applicable subheading for style #7638 will be 5407.42.0030, HTS, which provides for woven fabrics of synthetic filament yarn,... containing 85 percent or more by weight of filaments of nylon..., dyed, weighing not more than 170g/m2. The duty rate is 16.6 percent ad valorem.

Style #6647 falls within textile category designation 229. Based upon international textile trade agreements products of Thailand are subject to the requirement of a visa.

Style #7638 falls within textile category designation 620. Based upon international textile trade agreements products of Thailand 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 or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist George Barth at 212-466-5884. Sincerely,

Roger J. Silvestri
Director
National Commodity Specialist Division

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