HQ 087953: NYRL 855277 revoked. Spunbonded fabric laminated to PVC sheeting is laminated fabric.

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.

                                      HQ 087953



                           March 7, 1991




   CLA-2 CO:R:C:T  087953  HP

   CATEGORY:  Classification

   TARIFF NO.:  5603.00.3000

   Mr. A.J. Spatarella
   Kanematsu USA Inc.
   400 Cottontail Lane
   Somerset, NJ 08873

   RE:  NYRL 855277 revoked.  Spunbonded fabric laminated to PVC
   sheeting is laminated fabric.

   Dear Mr. Spatarella:

        The merchandise at issue consists of a spunbonded fabric
   of man-made fiber construction, laminated to polyvinyl
   chloride (PVC) sheeting.  We assume the textile is not present
   merely for reinforcing purposes.  On August 29, 1990, our New
   York office issued you NYRL 855277, classifying this ceramic
   sound insulating material under subheading 5603.00.9070,
   Harmonized Tariff Schedule of the United States Annotated
   (HTSUSA), as other nonwovens, whether or not impregnated,
   coated or covered.  Based upon our review of this matter, we
   are now of the opinion since the nonwoven fabric and plastics
   are joined via a laminating process, rather than coated or
   covered, classification under subheading 5603.00.3000, HTSUSA,
   as laminated fabrics other than floor covering underlays, is
   more appropriate.  NYRL 855277 is therefore revoked.

        Merchandise from Japan classified under this subheading
   is dutiable at the higher rate of 16 percent ad valorem.  The
   textile category designation remains 223.

        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 negotiations 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
   issuance of the U.S. Customs Service, which is updated weekly
   and is available at your local Customs office.

        Due to the changeable nature of the statistical
   annotation (the ninth and tenth digits of the classification)
   and the restraint (quota/visa) categories, you should contact
   your local Customs office prior to importing the merchandise
   to determine the current status of any import restraints or
   requirements.

        In order to insure uniformity in Customs classification
   of this merchandise and eliminate uncertainty, we are revoking
   NYRL 855277 to reflect the above classification effective with
   the date of this letter.  However, if you disagree with the
   legal basis for our decision, we invite you to submit, either
   for yourself or on behalf of your client, any arguments you
   might have with respect to this matter for our review.  Any
   submission you wish to make should be received within 30 days
   of the date of this letter.

        This notice to you should therefore be considered a
   revocation of NYRL 855277 of August 29, 1990, under 19 C.F.R.
    177.9(d)(1) (1989).  It is not to be applied retroactively
   to NYRL 855277 (19 C.F.R.  177.9(d)(2) (1989)) and will not,
   therefore, affect the transaction for the importation of your
   merchandise under that ruling.  However, for the purposes of
   future transactions in merchandise of this type, including
   that for which the present classification is requested, NYRL
   855277 will not be valid precedent.  We recognize that pending
   transactions may be adversely affected by this revocation, in
   that current contracts for importations arriving at a port
   subsequent to the release of HRL 087953 will be classified
   under the new ruling.  If such a situation arises, you may, at
   your discretion, notify this office and apply for relief from
   the binding effects of the new ruling as may be dictated by
   the circumstances.  However, please be advised that in some
   instances involving import restraints, such relief may require
   separate approvals from other government agencies.


                             Sincerely,





                       John Durant, Director
                    Commercial Rulings Division