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NY C87552

September 3, 1998

CLA-2-54:RR:NC:TA:350 C87552


TARIFF NO.: 5407.42.0060

Mr. Ted Weiss
T.H. Weiss Inc.
2 Johnson Road
Lawrence, NY 11559

RE: The tariff classification of an aluminum (silver) colored nylon woven mesh fabric, for use in the footwear and handbag industries, from Taiwan.

Dear Mr. Weiss:

In your initial letter dated March 30, 1998, on behalf of Sommers Plastic Products Inc., Clifton, N.J., with a resubmission and a Fax from the supplier dated May 4, 1998, you requested a classification ruling. The supplier is Sway Fecund Industries Co., Ltd., Taiwan.

The instant sample, described in your letter, as a 100% nylon man-made fiber woven mesh fabric, is a plain woven fabric of clear monofilaments, somewhat stiff of hand. You and the manufacturer write that for the gold, silver and bronze colors a polyurethane metallic glue is used and electroplated, but also say there is no actual metal and consider it to be a plastics substance. Only one side of the fabric has been so colored. For the black, white and natural materials a color dye is used.

You provided the following technical information for this material:

Yarn size:
350 denier
48 x 40
Weight (uncoated):
190 grams/54" linear yard
Weight (coated):
230 grams/54" linear yard

The sample was found to weigh approximately 183 g/mý. The difference is noted.

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

Wt.of nylon fabric: 98%
Wt. of aluminum deposit: 2%

Although the laboratory believes the aluminum (silver color) to be applied as a vacuum deposit, it is in essence a method of coloring the fabric a particular color. The deposit does not affect the surface of the fabric otherwise than by a change of color, thus the material is not considered to be "coated" for tariff purposes.

The applicable subheading for the product will be 5407.42.0060, 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 170 g/mý. The duty rate will be 16.2 percent ad valorem.

This merchandise falls within textile category designation 620. Based upon international textile trade agreements products of Taiwan 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 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 George Barth at 212-466-5884.


Robert B. Swierupski

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