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NY 856974


OCT 25 1990

CLA-2-54:S:N:N3H:352 856974

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.20.0000; 5803.90.3000

Ms. Kathy Chance
Jean D. Duncan Customs Brokers, Inc.
P.O. Box 20696/Atlanta Airport
Atlanta, Georgia 30320

RE: The tariff classification of polypropylene plain woven fabric and polypropylene leno woven fabric from Mexico.

Dear Ms. Chance:

In your letter dated September 19, 1990, on behalf of your client Amoco Fabrics and Fibers Company, you requested a classification ruling.

Three samples of fabric accompanied your correspondence. The first, identified as sample C style I-103, is a plain woven fabric constructed using polypropylene strips approximately 3 millimeter in width. It contains 10 strips per inch in the warp and 9 strips per inch in the filling. The fabric will be imported in 40 inch widths and will be used to manufacture bags for packing commodities such as grain and rice.

The second sample, identified as sample E style I-80, is a plain woven fabric constructed from 100% polypropylene strips measuring approximately 3 millimeter in width. It contains 12 strips per inch in the warp and 10 strips per inch in the filling. This fabric will be imported in 24 inch widths and will be used to manufacture bags for bulk commodities such as therathalic acid.

The last sample, identified as sample D leno bagging fabric, is a leno woven fabric composed of 100% polypropylene. It will be imported in approximately 36 inch widths and will be manufactured into bags to pack such items as onions and oranges. All three fabrics may be produced in a variety of colors as well as in polypropylene's natural color.

The applicable subheading for the plain woven fabrics identified as styles I-80 and I-103 will be 5407.20.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from the materials of heading 5404, woven fabrics obtained from strip or the like. The duty rate will be 17 percent ad valorem.

The applicable subheading for the leno woven fabric, identified as sample D leno bagging fabric, will be 5803.90.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for gauze, other than the narrow fabrics of heading 5806, of man-made fibers. The duty rate will be 17 percent ad valorem.

Fabric styles I-80 and I-103 (samples C & E) fall within textile category designation 620. Based upon international textile trade agreements, products of Mexico are subject to visa requirements.

The fabric identified as style D leno bagging fabric falls within textile category designation 220. Based upon international textile trade agreements, products of Mexico are subject to quota restraints and 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

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