CLA-2-54:S:N:N6:352 884588
Mr. Raul Gonzalez
Arturo G. Vila, CHB
1705 Market Street
Laredo, TX 78043
RE: The tariff classification of four samples of woven fabric from Mexico.
Dear Mr. Gonzalez:
In your letter dated April 6, 1993, on behalf of your client Telas
Damar, you requested a tariff classification ruling.
You have submitted four samples of woven fabric identified as nos. 6
through 9. Your correspondence indicates that the merchandise will be
utilized in manufacturing upholstery products. Sample no. 6, identified as
style Primavera, is composed of 51% filament polyester and 49% staple
acrylic. It is jacquard woven using 150 denier 2-ply yarns in the warp and
34/2 n.m. yarns in the filling. The fabric is constructed with yarns of
different colors and it weighs 292 g/m2. It will be imported in 140
centimeter widths.
Sample no. 7 is identified as style Elegancia. It is composed of 100%
polypropylene filament yarns and is coated on one side with a plastic resin.
The polypropylene is jacquard woven with yarns of different colors. It is
constructed using 300 denier yarns in the warp and 2550 denier yarns in the
filling. The weight of this textile product is approximately 285 g/m2. This
fabric will be imported in 140 centimeter widths.
Sample no. 8, identified as style Satin, is composed of 100% textured
filament polyester. The fabric is constructed using 90 decitex yarns in the
warp and 185 decitex yarns in the filling. This printed merchandise is satin
woven and it weighs 134 g/m2. The fabric will be imported in 140 centimeter
widths.
Sample no. 9, identified as style Damar, is composed of 100% staple
acrylic and has been coated on one side with a plastic resin. The fabric is
plain woven and has been dyed a single uniform color. It is constructed
with 8/2 n.m. yarns in both the warp and filling. It contains 7 warp ends
per centimeter and 5.4 filling picks per centimeter. Weighing 347 g/m2, it
will be imported in 140 centimeter widths. Based on the data provided, the
average yarn number has been calculated to be 7 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 the coating on sample nos. 7 & 9 is not visible to the naked eye, they
are not classifiable in heading 5903, HTS.
The applicable subheading for sample no. 6, identified as style
Primavera, will be 5407.93.2090, HTS, which provides for woven fabrics of
synthetic filament yarn, including woven fabrics obtained from materials of
heading 5404, other woven fabrics, of yarns of different colors, other,
other, other, other. The rate of duty will be 17 percent ad valorem.
The applicable subheading for sample no. 7, identified as style
Elegancia, will be 5407.73.2060, 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
synthetic filaments, of yarns of different colors, other, weighing more than
170 g/m2. The rate of duty will be 17 percent ad valorem.
The applicable subheading for sample no 8, identified as style Satin,
will be 5407.54.0020, 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
textured polyester filaments, printed, weighing not more than 170 g/m2, flat
fabrics. The rate of duty will be 17 percent ad valorem.
The applicable subheading for sample no. 9, identified as style Damar,
will be 5512.29.0035, HTS, which provides for woven fabrics of synthetic
staple fibers, containing 85 percent or more by weight of synthetic staple
fibers, containing 85 percent or more by weight of acrylic or modacrylic
fibers, other, other, duck. The rate of duty will be 17 percent ad valorem.
Sample no. 6 falls within textile category designation 629. Based upon
international textile trade agreements, products of Mexico are subject to
quota restrictions and visa requirements.
Sample no. 7 falls within textile category designation 620. Based upon
international textile trade agreements, products of Mexico are subject to
visa requirements.
Sample no. 8 falls within textile category designation 619. Based upon
international textile trade agreements, products of Mexico are subject to
visa requirements.
Sample no. 9 falls within textile category designation 219. Based upon
international textile trade agreements, products of Mexico are subject to
quota restrictions and visa requirements.
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