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NY B86131

July 2, 1997

CLA-2-58:RR:NC:TA:351 B86131


TARIFF NO.: 5801.35.0010

Mr. Douglas Turnbull
Tomen America, Inc.
1285 Avenue of the Americas
New York, N.Y. 10019

RE: The tariff classification of laminated pile fabric from Japan

Dear Mr. Turnbull:

In your letter dated May 21, 1997 you requested a classification ruling.

You have submitted a sample of a tri-laminated sheet which you indicate is used to make lids for automobiles. You have indicated that rolls 8200 meter long and 1500mm wide of 100% polyester pile fabric (which we assume is warp-pile fabric) are exported from the U.S. to Japan. In Japan the fabric is laminated with two additional layers so that the end product consists of a top layer of 100% polyester pile fabric bonded to a middle layer of polyethylene which is bonded to a layer of polypropylene. This sheet is then cut 500mm and 330mm wide. The polyester fabric weighs 529 g/m2 and the tri-laminate sheet weighs 1146 g/m2.

The applicable subheading for the laminated pile fabric will be 5801.35.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for woven pile fabrics and chenille fabrics, other than fabrics of heading 5802 or 5806, of man-made fibers, warp pile fabrics, cut, over 271 grams per square meter. The duty rate will be 18.8 percent ad valorem.

You have stated "that fabric used in this sheet will be exported from the U.S. ready for assembly and will not lose its physical identity during the lamination process" and therefore should be given consideration for the provisions of partial duty exemption as provided in the tariff under 9802. The cutting of material to width or pattern to achieve a narrower or differently shaped product is not an assembly operation, nor is it considered an "alteration" under tariff item 9802.

The laminated pile fabric falls within textile category designation 224. Based upon international textile trade agreements products of Japan 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. 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 Part 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 Jeff Konzet at 212-466-5885.


Paul K. Schwartz
Chief, Textiles & Apparel Branch

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