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NY A82865

July 5, 1996

CLA-2-54:RR:NC:TP:350 A82865


TARIFF NO.: 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 a PU coated textile fabric (packcloth type material), from Thailand.

Dear Mr. Chen:

In your letter dated April 15, 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.

A representative sample was submitted which was identified as style #7538. The material, which is black in color, consists of a 100% nylon filament oxford weave fabric (210Dx420D/75x38), 60" wide) that has been coated on one side with a pigmented polyurethane plastics material which is not in a sufficient amount to be visible to the naked eye. We note that there is more than a 50% difference in the amount of plastic stated to have been applied to the fabric than the amount actually found by the Customs laboratory. You provided the following specifications:

Yarn size warp - 210D nylon filament yarns Yarn size weft - 420D nylon filament yarns

Wt. of fabric: 4.40oz/y2 (82%)
Wt. of coating: 0.97oz/y2 (18%)
Total wt.: 5.37oz/y2 (100%)

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

Wt. of fabric: 4.20oz/y2 (91.9%) (143.6g/m2) Wt. of coating: 0.40oz/y2 (08.1%) ( 12.6g/m2) Total wt.: 4.60oz/y2 (100%) (156.2g/m2)

The applicable subheading for the material will be 5407.42.0030, 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 not more than 170g/m2. The rate of duty is 16.6 percent ad valorem.

This merchandise 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
National Commodity Specialist Division

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