NY 855254
SEP 04 1990
CLA-2-54:S:N:N3H:352 855254
Mr. Shunji Hata
Izumi America, Inc.
420 Lexington Avenue
New York, New York 10170
RE: The tariff classification of polyester filament fiber woven
fabric from Japan.
Dear Mr. Hata:
In your letter dated August 3, 1990, you requested a
classification ruling.
Three samples of plain woven fabric accompanied your
correspondence. All three of these fabrics will be used to
manufacture sails. The first sample, designated as style T-
1003S, is composed of 100% filament fiber non-textured polyester.
It contains 117 single yarns per inch in the warp and 91 single
yarns per inch in the filling. Constructed with 100 denier yarns
in both the warp and the filling, this fabric is manufactured
from yarns with an average tenacity of 67 centinewtons per tex.
It weighs 103 g/m2 and will be imported in 91.44 centimeter
widths. The fabric has been coated with melamin resin which
represents 6% of the total weight of the fabric. The plastic
coating is not visible to the naked eye.
The second sample, identified as style T-1006S, is composed
of non-textured filament polyester. It contains 98 single yarns
per inch in the warp and 68 single yarns per centimeter in the
filling. The fabric is constructed using 250 denier yarns in
both the warp and the filling. The average tenacity of the yarns
used to produce this item is 67 centinewtons per tex. Weighing
226 g/m2, the fabric will be imported in 91.44 centimeter
widths. This fabric has been coated with melamin plastic;
however the coating is not visible to the naked eye.
The third sample, designated as style T-1009S, is composed
of non-textured filament polyester. It contains 147 warp ends
per inch and 52 filling picks per inch. The fabric is
constructed using 150 denier 2-ply yarns in the warp and 250
denier 2-ply yarns in the filling. The average tenacity of the
yarns in this product is 67 centinewtons per tex. Weighing 320
g/m2, the fabric will be imported in 91.44 centimeter widths.
The fabric has been coated with melamin plastic but the coating
is not visible to the naked eye.
Although you have indicated that all three fabrics have been
coated with a melamin resin, they are not considered coated
fabrics for the purposes of heading 5903, Harmonized Tariff
Schedule of the United States (HTS). Note 2 to Chapter 59 states
in part that:
Heading 5903 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 chapters 50 to 55, 58 or
60); for the purposes of this
provision, no account should be
taken of any resulting change of
color;
Since the plastic coating on these three fabrics cannot be seen
with the naked eye, they are precluded from classification in
heading 5903, HTS, as textile fabrics coated, covered or
impregnated with plastics.
The applicable subheading for the fabric designated as style
T-1003S will be 5407.10.0010, HTS, which provides for woven
fabrics of synthetic filament yarn, including woven fabrics
obtained from materials of heading 5404, woven fabrics obtained
from high tenacity yarn of nylon or other polyamides or of
polyester, of polyester, weighing not more than 170 g/m2. The
duty rate will be 17 percent ad valorem.
The applicable subheading for the fabrics designated as
styles T-1006S and T-1009S will be 5407.10.0090, HTS, which
provides for woven fabrics of synthetic filament yarn, including
woven fabrics obtained from materials of heading 5404, woven
fabrics obtained from high tenacity yarn of nylon or other
polyamides or of polyester, other. The duty rate will be 17
percent ad valorem.
The fabric designated as style T-1003S falls within textile
category designation 619. Based upon international textile trade
agreements, products of Japan are subject to visa requirements
and quota restraints.
Styles T-1006S and T-1009S fall within textile category
designation 620. Based upon international textile trade
agreements, products of Japan are subject to visa requirements
and quota restraints.
The designated textile and apparel category may be
subdivided into parts. If so, visa and quota requirements
applicable to the subject merchandise may be affected. Since
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 this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York
Seaport