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NY J85707

June 25, 2003

CLA-2-59:RR:NC:TA:350 J85707


TARIFF NO.: 5903.90.2500

Ms. Ruth Bishop
Kuehne & Nagel, Inc.
621 Lambert Pointe Drive
St. Louis, MO 63042

RE: The tariff classification of two allover “foil” coated/laminated knit fabrics, for use in the manufacture of dance costumes, from Korea.

Dear Ms. Bishop:

In your letter dated June 9, 2003, and Fax of June 20th with more information, on behalf of Weissman Theatrical Supplies, Inc., St. Louis, MO, you requested a tariff classification ruling.

You submitted two representative samples depicting the various types that you intend to import - an allover solid blue color and a tie-dyed printed look. The blue sample contains a tag indicating that the material weighs 180 grams per running yard (44/46" width) while the tie-dyed material weighs 235 grams per yard (58/60" width). We take this to be the full weight of the coated material.

Specifically, both fabrics are of a single jersey weft knit construction. One surface has been completely covered with a thin contiguous metallic “foil”. This “foil” film is believed to be of a metallic powder that is contained in a plastic matrix carrier. Such “foil” is considered to be a plastic in nature. The type of plastic was not identified in your correspondence, however, it is believed to be other than a PVC or Polyurethane type. Your letter states that the base fabrics are 94% polyester/6% polyurethane (spandex), by weight. Additionally, your letter states the knit base fabrics weigh 172.22 g/m² while the weights on the respective sample tags (given above) are higher. The difference is taken to be the weight of the applied plastic film and indicates the materials are not over 70 percent by weight of the plastic portion.

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

This merchandise falls within textile category designation 229. Based upon international textile trade agreements products of Korea classifiable in tariff subheading 5903.90.2500, HTS, are currently not subject to any kind of textile restraints.

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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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 646-733-3044.


Robert B. Swierupski
National Commodity

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