CLA-2-39:S:N:N3H:350 858955

Mr. Gary C. Lefebvre
Freudenberg Nonwovens, Inc.
P.O. Box 48
Rooseveltown, N.Y. 13683

RE: The tariff classification of an imitation leather fabric which has been printed with a design, from Germany.

Dear Mr. Lefebvre:

In your letter dated December 13, 1990, you requested a tariff classification ruling. The sample submitted, identified as NUPELLA, consists of an embossed cellular PVC layer on a 100 percent polyester needleloom backing. The embossed PVC layer has been printed with a paisley design. The New York Customs Laboratory analyzed a portion of the fabric and found it to weigh approximately 632 grams per square meter with the PVC accounting for 75.9 and the textile 24.1 percent, by weight, respectively. Your letter states that this material will be used to manufacture small and medium size leather-like articles and will be imported in rolls measuring 55 inches wide and 32.8 yards in length.

The applicable subheading for the fabric will be 3921.12.1100, Harmonized Tariff Schedule of the United States (HTS), which provides for other plates, sheets, film, foil and strip, of plastics, cellular, of polymers of vinyl chloride, combined with textile materials, products with textile components in which man-made fibers predominate by weight over any other single textile fiber, over 70 percent by weight of plastics. The rate of duty will be 4.2 percent ad valorem.

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