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January 12, 1999

CLA-2-59:RR:NC:TA:350 D82890


TARIFF NO.:5903.10.2500

Ms. Jackie Brown
Phoenix Freight Services Ltd.
10601 NW Ambassador Drive, Suite K
Kansas City, MO 64153

RE: The tariff classification of packcloth/luggage type material, from Taiwan.

Dear Ms. Brown:

In your letter dated October 1, 1998, on behalf of Atchison Products, Inc., Atchison, Kansas, you requested a classification ruling.

The instant sample, which was analyzed by the New York Customs laboratory, consists of a woven fabric composed of polyester man-made fibers which has been coated on one surface with a compact polyvinyl chloride plastics material. This PVC portion has been embossed to simulate a woven effect. You provided the following technical description for this material: 600D x 300 x 58" W x PVC x 0.65 mm thick.

The New York Customs laboratory analyzed the material and made the following determination concerning weights:

Wt. Of Textile: 175.2 g/m² (33.7%)
Wt. Of PVC: 344.9 g/m² (66.3%)
Total Wt.: 520.1 g/m² (100%)

You suggest classification in subheading 5903.10.2090. Classification is based upon weights. That subheading would be applicable if the PVC portion had been over 70 percent by weight of the total weight of the material.

However, since, this material is not over 70 percent by weight of the PVC portion, the applicable subheading for the material will be 5903.10.2500, Harmonized Tariff Schedule of the United States (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 duty rate will be 8 percent ad valorem.

This merchandise falls within textile category designation 229. 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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