CLA-2-39:S:N:N3H:350 863821

Ms. Vicki Mullings
Intertrans Corporation
5021 Statesman Drive
Irving, TX 75063

RE: The tariff classification of five coated fabrics from France.

Dear Ms. Mullings:

In your letter dated May 28, 1991, on behalf of Serge Ferrari, you requested a tariff classification ruling.

Five representative samples were submitted. The first item, identified as Sample 332, consists of a woven polyester fabric (small open meshes) that has been coated on both sides with a compact PVC plastics material. Your correspondence indicates that the fabric weighs 330 grams per square meter (Textile 46%/PVC 54%). The second item, Sample 905, consists of a woven fabric of polyester man-made fibers that has also been coated on both sides with a PVC plastic. It weighs 900 grams per square meter (Textile 27%/PVC 73%). The third item, Sample 78, is similar in construction to Sample 332, except the PVC is cellular. Total weight is 330g (Textile 46%/PVC 54%).The fourth item, Sample 86, is also similar in construction to Sample 332, having a compact PVC coating on both sides. Total weight is 330g (Textile 46%/PVC 54%). The fifth and final item, Sample 92 is similar in construction to Sample 332, except the open meshes are much smaller and less apparent. Total weight is 350g (Textile 46%/PVC 54%). The applicable subheading for sample 905 will be 3921.90.1100, Harmonized Tariff Schedule of the United States (HTS), which provides for other plates, sheets, film, foil and strip, of plastics, combined with textile materials and weighing not more than 1.492kg per square meter, 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. Samples 332, 86 and 92 fall in item 3921.90.1500, HTS, with duty of 8.5 percent ad valorem. Sample 78 is classifiable in item 3921.12.1500, 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, not over 70 percent by weight of plastics. The duty rate is 8.5 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