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NY 859272


JAN 25 1991

CLA-2-54:S:N:N3H:352 859272

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 plain woven primary carpet backing made from polypropylene strip and leno woven secondary carpet backing made from a combination of spun polypropylene yarns and polypropylene strip. Both types of fabric will be produced in Mexico.

Dear Ms. Chance:

In your letter dated September 19, 1990, which was resubmitted with additional information on December 31, 1990, you requested a classification ruling on behalf of your client Amoco Fabrics and Fibers Company.

Nine samples of fabric which fall into two broad classes were submitted. The first group of fabrics, identified as styles 2200, 2205, 2261, 2218 and 2225 are all used as primary carpet backing. Each of the styles is plain woven using 475 denier polypropylene strip in the warp and 1050 denier polypropylene strip in the filling. The width of the polypropylene strip varies between 1 and 3 millimeters. Style 2200 contains 9.36 single yarns per centimeter in the warp and 4.29 single yarns per centimeter in the filling. It weighs 103 g/m2 and will be imported in 375 centimeter widths. Style 2205 contains 9.36 single yarns per centimeter in the warp and 5.07 single yarns per centimeter in the filling. This fabric weighs 112 g/m2 and will be imported in 375 centimeter widths. Style 2261 contains 9.36 strips per centimeter in the warp and 5.85 strips per centimeter in the filling. Weighing 121 g/m2, it will be imported in 375 centimeter widths. Style 2218 contains 9.36 single yarns per centimeter in the warp and 7.02 single yarns per centimeter in the filling. This fabric weighs 135 g/m2 and will be imported in 375 centimeter widths. Style 2225 contains 9.36 single yarns per centimeter in the warp and 7.80 single yarns per centimeter in the filling. It weighs 144 g/m2 and will be imported in 375 centimeter widths. Your letter indicates that all these fabrics have been coated with a lubricating agent. However, the coating is not visible to the naked eye and, therefore, the fabrics are not considered coated for tariff classification purposes.
The second group of fabrics, identified as styles 3828, 3809, 3824 and 3807, are all used as secondary carpet backing. Each of the styles is leno woven and composed of 100% polypropylene. They all are constructed with polypropylene continuous strips of a width of approximately 1 millimeter in the warp and staple polyester yarns in the filling. The fabrics will be imported in 380 centimeter widths. Style 3828 weighs 124 g/m2 and contains 7.02 strips per centimeter in the warp and 4.29 yarns per centimeter in the filling. Style 3809 weighs 97 g/m2 and contains 6.24 strips per centimeter in the warp and 3.12 yarns per centimeter in the filling. Style 3824 weighs 81 g/m2 and contains 6.24 strips per centimeter in the warp and 2.34 yarns per centimeter in the filling. Style 3807 weighs 109 g/m2 and is constructed with 7.02 strips per centimeter in the warp and 3.51 yarns per centimeter in the filling. Secondary carpet backing is used to provide dimensional stability for carpet and is generally glued to the primary carpet backing.

The applicable subheading for the primary carpet backing fabric, designated as styles 2200, 2205, 2261, 2218 and 2225, 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 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 secondary carpet backing fabrics, designated as styles 3828, 3809, 3824 and 3807, will be 5803.90.3000, (HTS), which provides for gauze, other than the narrow fabrics of heading 5806, of other textile material, of man-made fiber. The duty rate will be 17 percent ad valorem.

The primary carpet backing fabrics, identified as styles 2200, 2205, 2261, 2218 and 2225, fall within textile category designation 620. Based upon international textile trade agreements, these products of Mexico are subject to visa requirements.

The secondary carpet backing fabrics, identified as styles 3828, 3809, 3824 and 3807, fall within textile category designation 220. Based upon international textile trade agreements, these products of Mexico are subject to visa requirements and quota restaints.

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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