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NY 863473

July 1, 1991

CLA-2-58:S:N:N3H:351 863473

CATEGORY: CLASSIFICATION

TARIFF NO.: 5801.35.0010

Mr. Martin S. Barnes
KerCos Textiles Ltd.
Carraroe Industrial Estate
Carraroe, Country Galway, Ireland

RE: The tariff classification of woven pile weatherseal fabric from Ireland.

Dear Mr. Barnes:

In your letter dated May 10, 1991, you requested a tariff classification ruling.

You have submitted several samples of woven pile weatherseal material used for sealing aluminum sliding windows and patio doors. The fabrics are made of 100% polypropylene including the heavy coatings on the back surfaces. The weatherseal will be produced as a woven pile strip (unfinned) or, additionally, a thin plastic film can be welded longitudinally in the center of the pile or face side (finned) to give a higher performance of sealing windows. In your letter, you stated that the fabrics are slit to maximum widths of 0.270 inch and that the edges have been treated by fusing with a hot extrudate. However, our New York Laboratory has determined that the samples' edges are not exclusively treated to make them fast. For Customs purposes, the coating on the back surfaces does not make a selvage; therefore, the weatherseal material is not considered to be narrow fabric. We assume that the fabrics are of warp pile construction and that they weight over 271 grams per square meter (g/m2).

The applicable subheading for weatherseal will be 5801.35.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for woven pile fabrics and chenille fabrics, other than fabrics of heading 5802 or 5806, of man-made fibers, warp pile fabrics, cut, over than 271g/m2. The rate of duty will be 19.5 percent ad valorem.

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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