NY 865436: The tariff classification of woven polyester fabric fromJapan.

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 865436

                                   Aug 22 1991


CLA-2-54:S:N:N3H:352 865436  

CATEGORY:  Classification

TARIFF NO.: 5407.60.2025  

Mr. Jeffrey Woo
Mitsubishi International Corporation
333 South Hope Street, Suite 2500
Los Angeles, California 90071

RE:  The tariff classification of woven polyester fabric from
Japan.

Dear Mr. Woo:

     In your letter dated July 18, 1991 you requested a
classification ruling.  

     The product which you intend to import is a plain woven
fabric composed of 100% non-textured polyester monofilament.  It
contains 100 yarns per centimeter in the warp and 100 yarns per
centimeter in the filling.  It is constructed using 30 micron
monofilament in both the warp and the filling.  The fabric weighs
approximately 75 g/m2 and is colored black.  After weaving the
fabric is coated with a nickel plating followed by a copper
plating.  Finally, it is coated with carbon black dispersed in an
acrylic binder.  You indicate that the fabric will be imported on
rolls in 102 centimeter widths, as well as, pre-cut into small
squares and rectangles.  This product will be used to manufacture
screens for computer monitors.  The screens eliminate glare,
protect the user of the computer monitor from radiation and
eliminates static electricity which is produced by the cathode
ray tube in the monitor.

     Note 2 and Note 5 of chapter 59 exclude from the scope of
the provisions for impregnated, coated, covered or laminated
fabrics those fabrics in which the impregnation, covering or
coating cannot be seen with the naked eye.  In addition, these
notes indicate that in applying the visibility test that no
account should be taken of any resulting change of color.  Since
the coatings applied to the computer monitor screen fabric are
not visible to the naked eye except by change of color, the
fabric is not considered coated for the purposes of the HTS.    

     The applicable subheading for the woven fabric both in
material lengths and when cut into squares or rectangles will be
5407.60.2025, HTS, which provides for woven fabrics of synthetic
filament yarn, including woven fabrics obtained from material of
heading 5404, other woven fabric, containing 85 percent or more
by weight of non-textured polyester filaments, other, dyed,
weighing not more than 170 g/m2, flat fabrics.  The duty rate
will be 17 percent ad valorem.

     Both the fabric in rolls and the cut squares and rectangles
fall within textile category designation 619.  Based upon
international textile trade agreements, products of Japan are
subject to 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