The tariff classification of a plastics coated textile fabric, for use in the manufacture of awnings and canopies, from Austria.

N096367 March 31, 2010 CLA-2-59:OT:RR:NC:TA:350 CATEGORY: Classification TARIFF NO.: 5903.90.2500 Mr. Thaddeus Gapinski Port brokers Inc. 152-60 Rockaway Blvd. Jamaica, NY 11434 RE: The tariff classification of a plastics coated textile fabric, for use in the manufacture of awnings and canopies, from Austria. Dear Mr. Gapinski: In your letter which was received March 4, 2010, on behalf of Sattler AG, Austria, you requested a tariff classification ruling. The instant sample, identified as style “Firemaster Plus”, consists of a tightly woven fabric which is composed of a 70% filament polyester/30% staple acrylic man-made fiber blend. You write that it is impregnated on both sides with a fluorocarbon while one side has been coated with a flame retardant acrylate plastics material. It is the acrylate coating that is visible to the naked eye, however, it does not appear to comprise over 70 percent by weight of the total weight of the material. Both of these coating applications imbue the material with flame retardancy as well as ultra violet light protection. The fabric weighs 400 grams per square meter. The applicable subheading for the material will be 5903.90.2500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for textile fabrics impregnated, coated, covered or laminated, with plastics, of man-made fibers, not over 70 percent by weight of plastics. The duty rate is 7.5 percent ad valorem.       Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. 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 Deborah Walsh at (646) 733-3044. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division