CLA-2-59:RR:NC:TA:350 B83935
Mr. Peter Weinrauch
Import Commodity Group Ltd.
Hook Creek Blvd. & 145th Ave., Bldg. A5
Valley Stream, NY 11582
RE: The tariff classification of seven foil printed (dots) knit
man-made fiber fabrics, from Japan.
Dear Mr. Weinrauch:
In your letter which was received March 31, 1997, on behalf of
Nipkow & Kobelt, you requested a classification ruling. Your
letter indicates that there are no issues pending on any of these
style materials at any port.
Seven representative style samples were submitted, some in
various different color patterns. All seven materials consist of
knit fabrics composed of various blends of nylon, spandex or
polyester and spandex combinations that have been dot coated with
a polyester plastics material on one surface. These coatings,
while imparting such qualities as iridescence and often a
holographic effect, are visible to the naked eye.
Specifically, styles (1) Panne-NKP#904297, (2) SPOX01-NKP, (3)
SPOAZTEC-NKP#90-4681, (4) SPOX07-NKP-4492, (6) SHATTERED GLASS
SPANDEX -1mm SGLASS and (7) PANNEO1-TINY DOT PANNE are all
uniformly coated on one side with approximately 1mm in diameter
round dots, which impart an overall coated appearance to the
respective fabrics. The various samples were measured and we
found there to be approximately 361 dots per square inch.
Style (5) SPOAZTEC-NKP-904139 differs from the other six in
that the dots are irregular in configuration and form a reptile
like appearance or design. The spandex employed in the
construction of this fabric is stated to be 15% by weight of the
total weight of the material. None of these seven fabrics is
believed to over 70 percent by weight of the plastic dot portions.
The applicable subheading for styles 1,2,3,4,6 and 7 will be
5903.90.2500, Harmonized Tariff Schedule of the United States
(HTS), which provides for textile fabrics impregnated, coated, covered or laminated with plastics, of man-made fibers, not over
70 percent by weight of rubber or plastics. The duty rate will
be 8.2 percent ad valorem.
The applicable subheading for style 5 will be 6002.30.2080,
HTS, which provides for ... other knitted or crocheted fabrics,
of a width exceeding 30 cm, containing by weight 5 percent or
more of elastomeric yarn or rubber thread, other than open-work,
warp knit. The duty rate is 13.5 percent ad valorem.
Styles 1,2,3,4,6 and 7 fall within textile category
designation 229. Style 5 falls within textile category
designation 222. Based upon international textile trade
agreements products of Japan are subject to the requirement of a
visa.
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.
In the future, please limit your requests for a binding
ruling to no more than 5 samples.
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 George
Barth at 212-466-5884.
Sincerely,
Paul K. Schwartz
Chief, Textiles & Apparel Branch
National Commodity
Specialist Division