NY 863344: The tariff classification of a fabric composed of satinwoven strips which have been folded and glued before beingwoven together and then laminated to a woven backing. Thismerchandise will be produced in Taiwan. Dear Mr. Roos:

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                   NY 863344

                                   JUN 14 1991


CLA-2-54:S:N:N3H:352 863344  

CATEGORY:  Classification

TARIFF NO.: 5407.42.0060  

Mr. Leonard Roos
Silverman Products and Textiles, Inc.
205 West 39th Street
New York, New York 10018-3102

RE:  The tariff classification of a fabric composed of satin
woven strips   which have been folded and glued before being
woven together and then  laminated to a woven backing.  This
merchandise will be produced in    Taiwan. 
 
Dear Mr. Roos:

     In your letter dated May 10, 1991, you requested a
classification ruling.  

     The submitted sample is a laminated fabric composed of a
face fabric glued to a woven backing fabric.  The face fabric is
constructed by laminating a dyed 100% filament nylon satin fabric
to a plain woven fabric composed of 65% staple polyester and 35%
staple rayon.  The laminated fabric is then cut into strips.  The
individual strips are folded and glued and then plain woven into
the face fabric.  Your correspondence indicates that the
filament nylon in the fabric represents 59% of the face fabric
while 23% is staple polyester, 12% is staple rayon with the
remaining 6% composed of the laminating adhesive.  The backing
fabric is composed of 65% staple polyester and 35% staple rayon. 
The fabric as a whole weighs 1189 g/m2 and will be imported in
76.2 inch widths.

     Since there is no plastic showing in the cross section
between the face fabric and the backing, the Explanatory Notes to
heading 5903, Harmonized Tariff Schedule of the United States
(HTS), exclude this product from being considered a laminated
fabric for the purposes of heading 5903, HTS.  The General
Explanatory Notes to Section XI state in part that:

          In the case of products (other than those of
          heading 58.11) consisting of two or more
          textile fabrics of different composition
          assembled in layers by sewing, gumming, etc.,
          classification is determined in accordance
          with Interpretive Rule 3.

Since this product is a fabric assembled in layers and cannot be
considered a laminated fabric within the scope of heading 5903,
HTS, classification is controlled by the application of
Interpretive Rule 3 which provides that in the case of a
composite good made up of different components, classification
is based on the component which gives the product its essential
character.

     In view of the fact that the face fabric of this product
represents the greater bulk, weight and value of this item and
the face fabric will provide the outer surface of whatever is
made from this fabric, it is obvious that it is the face fabric
which provides this item with its essential character. 
Furthermore, since the dyed nylon filament fabric is greater in
weight, bulk, value and represents the functionally significant
portion of the strips from which the woven face fabric is
manufactured, the essential character of the face fabric is
provided by the dyed nylon filament fabric.  Therefore, by
operation of Interpretive Rule 3, the backing fabrics are not
taken into account when this fabric is classified.  

     The applicable subheading for this product will be
5407.42.0060, Harmonized Tariff Schedule of the United States
(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 filaments of nylon or other polyamides, dyed, weighing
more than 170 g/m2.  The duty rate will be 17 percent ad valorem.

     This product falls within textile category designation 620. 
Based upon international textile trade agreements, products of
Taiwan 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