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NY G86168




January 19, 2001

CLA-2-59:RR:NC:TA:350 G86168

CATEGORY: CLASSIFICATION

TARIFF NO.: 5903.90.2500

Ms. Wynelle Spurgeon
Trans-World Shipping Service, Inc.
3206 Frenchmens Rd.
P.O. Box 795
Toledo, OH 43679-0795

RE: The tariff classification of opaque cloth for use in photographic equipment and supplies, from Taiwan.

Dear Ms. Spurgeon:

In your letter dated January 4, 2001, which was a follow-up to your earlier letter of September 5, 2000, which required additional information, you requested a classification ruling. This letter is on behalf of F.J. Westcott Company, Toledo, Ohio. Also included is a copy of a September 6th, 2000 letter from the importer describing the product. The shipper is Teng Ting Enterprise Co., Ltd., Taipei, Taiwan.

The product, according to your correspondence, consists of a base fabric of a black 100% woven ripstop filament nylon. One surface is covered with a silver colored material. There was some confusion in your letter and that of the importer's in describing the product. Both lithium and aluminum particles were mentioned as well as polyester. You give a "Yarn Count warp: 70 x 70" and "construction Ends: 100 x90" and no denier yarn size. "Ends" is another term for the warp yarns, so the actual construction is not clear.

Regarding the polyester, it appears from the sample that aluminum particles are applied to a plastic film. This film is the polyester in plastics form, also known as mylar. Such a material is considered a metalized plastic film. This film, in turn, has been laminated to the 100% woven nylon textile fabric. Your letter indicates that the material weighs 30 grams per square meter, however, an informal analysis in this office found it to weigh approximately 96 grams per square meter.

Although, no specific weights were furnished with respect to the weight of the base fabric vis a vis the weight of the coating or laminate, the plastic film does not appear to be over 70 percent by weight of the total weight of the material.

The applicable subheading for the product will be 5903.90.2500, Harmonized Tariff Schedule of the United States (HTS), which provides for textile fabrics impregnated, coated, covered or laminated, with plastics, not over 70 percent by weight of rubber or plastics. The duty rate will be 7.8 percent ad valorem.

This merchandise falls within textile category designation 229. Based upon international textile trade agreements products of Taiwan are subject to 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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