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NY N014051

August 9, 2007



TARIFF NO.:5903.20.2500

Mark Sandstrom
Suite 400
1400 Sixteenth Street, N.W.
Washington, D.C. 20036

RE: The tariff classification of five plastics coated fabrics, for use in the production of motorcycle racing pants and jackets, from China

Dear Mr. Sandstrom:

In your letter received July 10, 2007, on behalf of KTM North America, Inc., you requested a tariff classification ruling.

You provided five representative samples, which were identified as styles 4821 Dynax White, 4821 Dynax Orange, 500D Kordura Grey, 4509 Nylon Black, and 4509 Nylon Orange, respectively. All five fabrics have a woven construction and are visibly coated on one side with a white polyurethane plastics material. Your letter does not indicate whether the polyurethane coating is a compact or cellular plastic. In addition, the weight of the plastic coating was not provided for any of the submitted samples. For purposes of this letter, we will assume the polyurethane coating material is compact. Further, we will assume these fabrics will be imported in rolls as piece goods. While no weight breakdown was provided, the polyurethane plastics portion does not appear to be over 70 percent by weight of the total weight of these fabrics. In a phone call to your office, we confirmed the country of origin of these five fabrics is China.

The applicable subheading for the product will be 5903.20.2500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for textile fabrics impregnated, coated, covered or laminated, with plastics, with polyurethane, of man-made fibers, not over 70 percent by weight of rubber or plastics. The rate of duty will be 7.5 percent ad valorem.

This merchandise falls within textile category 229. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov.

The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in 19 CFR 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in connection with the ruling request and incorporated therein, either directly, by reference, or by implication, is accurate and complete in every material respect.

This ruling is being issued under the assumption that the subject goods, in their condition as imported into the United States, conform to the facts and the description as set forth both in the ruling request and in this ruling. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of Customs and you should resubmit for a new ruling in accordance with 19 CFR 177.2. You should also be aware that the material facts described in the foregoing ruling may be subject to periodic verification by Customs.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Deborah Walsh at (646) 733-3044.


Robert B. Swierupski

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