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August 11, 1999

CLA-2-60:RR:NC:TA:350 E84484

CATEGORY: CLASSIFICATION

TARIFF NO.: 6002.43.0080

Mr. Mike Harness
Harness Designs, Inc.
1511 W. University Avenue
Champaign, IL 61821

RE: The tariff classification of “Race Suede,” a brushed tricot knit fabric with a polyurethane plastics impregnation, for making racing gloves for wheelchair racing, from Korea.

Dear Mr. Harness:

In your letter dated July 14, 1999, you requested a classification ruling. The supplier is Dae Woo, Pusan, Korea.

The instant sample consists of a heavily brushed or fulled filament polyester tricot fabric which has been subsequently coagulation impregnated with a polyurethane plastics material. While you did not provide the width of the material, you indicate that it has a weight of 0.75 – 0.78 kg/meter; which we will assume is expressed in linear meters. The component weights were given as 629 g/m and 165 g/m for the polyester and polyurethane, respectively. This material has received a final buffing or brushing and a water repellent treatment giving it a suede appearance.

You had initially suggested classification as a coated fabric under subheading 5903.20.0000. However, Chapter 59, note 2(a)(1) states:

Heading 5903 applies to:

(a) Textile fabrics, impregnated, coated covered or laminated with plastics, whatever the weight per square meter and whatever the nature of the plastic material (compact or cellular), other than: (1) Fabrics in which the impregnation, coating or covering cannot be seen with the naked eye (usually chapters 50 to 55, 58, or 60); for the purpose of this provision, no account should be taken of any resulting change of color;

Neither the PU impregnation nor the water repellent treatment is visible to the naked eye. The product, therefore, is considered a knit fabric.

The applicable subheading for the material will be 6002.43.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for other knitted or crocheted fabrics, warp knit, of man-made fibers . The duty rate will be 12 percent ad valorem.

This merchandise falls within textile category designation 222. Based upon international textile trade agreements products of Korea are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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 212-637-7085.

Sincerely,

Robert B. Swierupski
Director,

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