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NY 817356

December 20, 1995

CLA-2-59:RR:NC:TP:350 817356


TARIFF NO.: 5407.42.0060; 5903.10.2500

Ms. S.W. Dunn
J. Ennis Fabrics Ltd.
12122 68th Street
Edmonton, Alberta, Canada T5B 1R1

RE: The tariff classification of two plastic coated textile fabrics for use in the manufacture of luggage and totes, etc., from Korea.

Dear Ms. Dunn:

In your letter which was originally dated October 3, 1995, and then resubmitted after rejection and re-dated December 6, 1995, you requested a classification ruling.

Two representative samples were submitted. The first item, style Oxford and blue in color, consists of a 100% woven nylon oxford weave fabric that has been lightly coated on one surface with a polyurethane plastics material which is not visible to the naked eye.

The second item, style Sportlight and maroon in color, consists of a 100% nylon filament oxford weave fabric (420Dx420D) that has been visibly coated on one surface with a polyvinyl chloride plastics material. This PVC portion is visible to the naked eye and has been embossed with a fine diamond weave pattern. You provided the following technical specifications for the two materials:

Wt. of textile: 168g/m2 (88.4%) 168g/m2 (40%) Wt. of plastic: 22g/m2 (11.6%) 248g/m2 (60%) Total wt.: 190g/m2 (100%) 416g/m2 (100%) The applicable subheading for the first material (Oxford) will be 5407.42.00.60, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of synthetic filament yarn, ... containing 85 percent or more by weight of filaments of nylon or other polyamides, dyed, weighing more than 170g/m2. The duty rate will be 16.8 percent.

The applicable subheading for the second material (Sportlight) will be 5903.10.2500, 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 rubber or plastics. The rate of duty is 8.4 percent ad valorem.

The first item (Oxford) and second item (Sportlight) fall within textile category designations 620 and 229, respectively. Based upon international textile trade agreements products of Korea 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. 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 the ruling 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.


Roger J. Silvestri

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