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NY J83533

April 24, 2003

CLA-2-59:RR:NC:TA:350 J83533


TARIFF NO.: 5903.90.2500

Mr. John F. McManus
ITOCHU International Inc.
335 Madison Avenue
New York, NY 10017

RE: The tariff classification of a plastic laminated, raschel knit textile fabric, for use in the manufacture of screening blinds and shades for windows, from Japan.

Dear Mr. McManus:

In your letter dated April 9, 2003, you requested a tariff classification ruling. The manufacturer is Toray Industries, Inc., Osaka, Japan.

You submitted three representative samples, differing only in color, of the material that you intend to import. You submitted a white, beige and gray colored sample and identified them collectively as style RC2000.

You state that the subject material is composed of three distinct layers. The first layer consists of a polyester resin coating (one to two microns in thickness) for control of infrared rays (approximately 60% of those rays are deflected by this layer). This layer comprises approximately 2.0% of the total weight of the product. The second layer is a clear polyester plastics film (50 microns in thickness) which controls ultraviolet light penetration (as much as 99% of UV rays are deflected by this layer). That layer comprises approximately 23.0% of the total weight of the material. We believe some type of additives have been incorporated into the plastic films (UV inhibitors, etc.) to aid in their performance, but this will not affect the classification of the imported material.

Finally, these two layers are laminated on one side to a raschel knit fabric composed of 100% polyester man-made fibers. Each sample is knit using a different colored yarn, which imparts the respective colors or tint to the samples. The plastic film remains clear and is visible to the naked eye. The textile layer, which provides both a degree of shade itself and support to the resin coated film, comprises approximately 75% of the total weight. This material will be imported in rolls measuring 50 meters in length and having standardized widths of 1.8 meters. You further indicate that the material weighs 220 grams per square meter and, that possibly, the roll sizes may change in the future.

This material has application in the manufacture of window shades which are designed to reduce both infrared and ultraviolet light penetration while allowing penetration of the visual light spectrum. In this manner, transparency is not appreciably diminished. The resulting shading properties will also act as a form of insulation.

The applicable subheading for the material will be 5903.90.2500, Harmonized Tariff Schedule of the United States (HTS), which provides for textile fabrics impregnated, coated, covered or laminated, of man-made fibers, not over 70 percent by weight of plastics. The rate of duty will be 7.6 percent ad valorem.

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 646-733-3044.


Robert B. Swierupski

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