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NY C88285




November 6, 1998

CLA-2-54:RR:NC:TA:350 C88285

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.42.0060

Ms. Geralyn Fortin
A.N. Deringer, Inc.
P.O. Box 398
Derby Line, VT 05830-0398

RE: The tariff classification of an aluminum (silver) colored nylon woven mesh fabric, for use in the manufacture of Hockey Skate Boots, from Italy.

Dear Ms. Fortin:

In your letters dated March 23 and May 15, 1998, on behalf of Bauer Inc., you requested a classification ruling. The supplier is Mo. So. Ca., Italy.

The instant sample, described in your letter, as a 100% polyester yarn coated with aluminum dust, is a plain woven mesh fabric of clear man-made monofilaments, somewhat stiff of hand. The sample was informally weighed and was found to weigh approximately 188 g/mý.

This material is used on the surface of the boot upper and you write that besides being durable and abrasion resistant, it also serves for cosmetic reasons. The New York Customs laboratory analyzed the instant sample and determined that the fabric is of nylon, not polyester as indicated in your correspondence. Additionally, there is an application of an aluminum vacuum deposit on one surface. The following weight percentages were found:

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.

Sincerely,

Robert B. Swierupski
Director,

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