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NY 816961





December 13, 1995

CLA-2-59:S:N:N6:350 816961

CATEGORY: CLASSIFICATION

TARIFF NO.: 5903.10.2500

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

RE: The tariff classification a PVC coated textile fabric (packcloth type material), from Taiwan.

Dear Mr. Chen:

In your letter dated November 20, 1995, on behalf of Huber Textile Inc., you requested a classification ruling. You state that you are the manufacturer's representative for Hsiang Lun Industrial Corporation, Taipei, Taiwan.

The instant sample, style #3428H, which is black in color, consists of a 100% textured polyester oxford weave fabric (600Dx600D/34x28), 58/60" wide) that has been coated on one side with a compact polyvinyl chloride plastics material which is in a sufficient amount to be visible to the naked eye. This PVC portion has been embossed to impart a textile effect. You provided the following technical specifications for the material:

Yarn size warp - 600D textured polyester yarns Yarn size weft - 600D textured polyester yarns

Wt. of fabric: 6.00oz/y2 (51%)
Wt. of coating: 5.78oz/y2 (49%)
Total wt.: 11.76oz/y2 (100%)

You indicate that some importers are importing this material under tariff subheading 3921.90.1900 because of Court Case 90-10-00566 (Semperit Belting Case). This is an incorrect interpretation and we will look into the situation. You however, are correct that this merchandise, because of its construction and composition, is properly classifiable in subheading 5903.10.2500, Harmonized Tariff Schedule of the United States (HTS), which provides for textile
fabrics impregnated, coated, covered or laminated with plastics, with polyvinyl chloride, of man-made fibers, not over 70 percent by weight of plastics. The duty rate is 8.4 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 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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