United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1990 HQ Rulings > HQ 0086586 - HQ 0086676 > HQ 0086644

Previous Ruling Next Ruling


1

HQ 086644


June 1, 1990

CLA-2 CO:R:C:G 086644 CRS

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.20.0000

Mr. R. L. Rastogi
Paramount Trading Corp.
11th Floor
131 West 35th Street
New York, NY 10001-2111

RE: Woven plastic strip laminated on one side with a clear plastic film invisible to the naked eye is not classifiable in heading 5903 pursuant to Note 2(a)(1), Chapter 59

Dear Mr. Rastogi:

This is in reply to your letters dated January 15, 1990, and January 31, 1990, concerning the classification of polypropylene packing material under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

FACTS:

The material in question is a fabric woven from cut pieces of clear polypropylene and will be used to wrap bales. The cut pieces are of 1,000 denier construction with a 12 x 8 count. One side of the fabric is laminated with clear polypropylene plastic film 0.75 mil or 18.75 microns thick. You state that the fabric alone weighs 88 g/m, while the lamination weighs 12.325 g/m. The individual woven strips are approximately 2.10 mm to 2.25 mm wide in the warp, and approximately 3.15 mm to 3.20 mm wide in the weft.

The cut pieces in question will be imported in the following and 52" x 112". The fabric is manufactured in India and will be imported through the port of Charleston, South Carolina.

The submitted sample is of different construction than the material to be imported, as material of the above specifications is unavailable. The sample material actually provided has a count of 10 x 10 and is laminated with a plastic film 1 mil or 25 microns thick.

ISSUE:

Whether the transparent polypropylene film applied to the material in question is visible to the naked eye such that it is classifiable in heading 5903, HTSUSA.

LAW AND ANALYSIS:

Note 2, Chapter 59, HTSUSA, provides in pertinent part that heading 5903 applies to:

(a) Textile fabrics, impregnated, coated, covered or laminated with plastics, whatever the weight per square meter and whatever the nature of the plastic material (compact or cellular), other than:

(1) Fabrics in which the impregnation, coating or covering cannot be seen with the naked eye (usually chapters 50 to 55, 58 or 60); for the purpose of this provision, no account should be taken of any resulting change in color.

The material in question has been laminated with a thin layer of clear polypropylene plastic film which is invisible to the naked eye; consequently, it is not classifiable in heading 5903, HTSUSA.

HOLDING:

The sample merchandise is classifiable in subheading 5407.20.0000, HTSUSA, under the provision for woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404, woven fabrics obtained from strip or the like, and is dutiable at 17 percent ad valorem. The textile category is 620. Assuming that the lamination applied to the imported merchandise, which is thinner (0.75 mil) than that applied to the sample fabric (1 mil) is also invisible to the naked eye, the imported merchandise will similarly be classifiable in subheading 5407.20.0000, HTSUSA.

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.

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 importation of this merchandise to determine the current status of any import restraints or requirements.

Sincerely,


Previous Ruling Next Ruling

See also: