CLA-2-54:R:N3:352 813490
5903.90.2500
Mr. Sujinda Numbenjapol
Inter-Krai Co., Ltd
1450-2 Songwad Road, Samphanthawong
Bangkok 10100 Thailand
RE: The tariff classification of woven fabric from Thailand.
Dear Mr. Numbenjapol:
In your letter dated August 2, 1995 you requested a classification ruling.
Four samples of woven fabric accompanied your request for a ruling. The first sample, designated as style China, is a dobby woven fabric composed of 100% filament polyester. The yarns appear to be made with non-textured polyester filaments. This fabric contains 21.3 single yarns per centimeter in the warp and 11.4 single yarns per centimeter in the filling. Weighing 253.9 g/m2, this product will be imported in 140 centimeter widths. It is constructed with yarns of different colors and has a light coating of a polyamide plastic material on one side. The plastic coating is not visible to the naked eye.
Style Stardust is a dobby woven fabric composed of 70% cotton and 30% filament polyester. It contains 40.2 single yarns per centimeter in the warp and 19.7 single yarns per centimeter in the filling. Constructed with 150 decitex yarns in the warp and 10/1 c.c. yarns in the filling, this item has been dyed a single uniform color. This product will be imported in 150 centimeter widths and weighs approximately 210 g/m2.
Style England is a dobby woven fabric composed of 100% filament polyester. It contains 12.2 single yarns per centimeter in the warp and 11 single yarns per centimeter in the filling. Weighing 456.2 g/m2, this fabric will be imported in 140 centimeter widths. This product has been dyed a single uniform color and has a vinyl acetate/ethylene copolymer plastic deposited on one side of the fabric. The plastic is visible to the naked eye as flakes distributed in a seemingly random distribution on one side of the fabric.
Style New York is a plain woven fabric composed of 57% cotton, 26.2% staple polyester and 16.8% staple rayon. It contains 21.3 single yarns per centimeter in the warp and 14.2 single yarns per centimeter in the filling. The fabric is constructed using 20/1 c.c. yarns in the warp and 10/1 c.c yarns in the filling. Weighing 167.5 g/m2, this product will be imported in 140 centimeter lengths. The fabric has been manufactured using yarns of different colors. Based on the data provided and laboratory analysis, the average yarn number for this fabric has been calculated to be 21 in the metric system.
Note 2 to Chapter 59, Harmonized Tariff Schedule of the United States,(HTS),defines the scope of heading 5903, under which textile fabrics which are coated, covered, impregnated, or laminated with plastics are classifiable. Note 2 states in part that heading 5903, HTS, applies to:
(A) Textile fabrics, impregnated, coated, covered or laminated with plastics, whatever the weight per square meter and whatever the nature of the plastics material (compact or cellular), other than:
(1) Fabrics in which the impregnation coating or covering cannot be seen with the naked eye (usually chapter 50 to 55, 58 or 60); for the purpose of this provision, no account should be taken of any resulting change in color;
Since style England has a coating or covering of plastic which is visible to the naked eye, it would be considered coated or covered with plastic for the purposes of classification in heading 5903, HTS. On the other hand since style China has a coating or covering of plastic which is not visible to the naked eye, it is excluded from heading 5903, HTS, by operation of Note 2 to chapter 59.
The applicable subheading for the woven fabric designated as style China will be 5407.60.9955, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404, other woven fabrics, containing 85 percent or more by weight of non-textured polyester filaments, other, other, of yarns of different colors, weighing more than 170 g/m2. The duty rate will be 16.8 percent ad valorem.
The applicable subheading for the woven fabric identified as style Star Dust will be 5211.39.0090, HTS, which provides for woven fabrics of cotton, containing less than 85 percent by weight of cotton, mixed mainly or solely with man-made fibers, weighing more than 200 g/m2, dyed, other fabrics, other. The duty rate will be 9.5 percent ad valorem.
The applicable subheading for the woven fabric designated as style England will be 5903.90.2500, HTS, which provides for textile fabrics impregnated, coated, covered or laminated with plastics, other than those of heading 5902, other, of man-made fibers, other, other. The duty rate will be 8.4 percent ad valorem.
The applicable subheading for the woven fabric designated as style New York will be 5210.41.4000, HTS, which provides for woven fabrics of cotton, containing less than 85 percent by weight of cotton, mixed mainly or solely with man-made fibers, weighing not more than 200 g/m2, of yarns of different colors, plain weave, of number 42 or lower number. The duty rate will be 10.4 percent ad valorem.
Style China falls within textile category designation 620. Style New York falls within textile category designation 218. Based upon international textile trade agreements products of Thailand are subject to quota and the requirement of a visa.
Style Star Dust falls within textile category designation 220. Style England falls within textile category designation 229. Based upon international textile trade agreements products of Thailand are subject to visa requirements.
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. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.
This ruling is being issued under the provisions of Section 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 Alan Tytelman at 212-466-5896.
Sincerely,
Roger J. Silvestri
Director
National Commodity
Specialist Division