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NY 864190


July 10 1991

CLA-2-54:S:N:N3H:352 864190

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.20.0000

Ms. Joan Shindledecker
C. J. International, Inc.
3021 East Baltimore Street
Baltimore, Md 21224

RE: The tariff classification of polypropylene woven fabric produced in Turkey, Costa Rico or Argentina.

Dear Ms. Shindledecker:

In your letter dated June 11, 1991, on behalf of your client, Delca International/ B M T Commodity Corp., you requested a tariff classification ruling.

The sample submitted is a plain woven polypropylene fabric. Based on the information provided this merchandise is composed of 100% polypropylene. The fabric is woven from polypropylene strips that measure approximately 3 millimeters (mm) in width. This merchandise has been cut with a hot knife into sheets measuring 40" x 54", 40" x 60" and 72" x 115". The polypropylene sheets are not hemmed or reinforced and they are not coated. These polypropylene sheets will be used as leaf cloths, module covers, and a variety of other uses which may or may not require further processing before use.

Your inquiry suggests that the fabric is classifiable in heading 3920, Harmonized Tariff Schedules of the United States (HTS). This is not correct. Chapter 39, Note 10, states that in heading nos. 3920 and 3921, the expression "plates, sheets, film, foil and strip", applies only to plates, sheets, film, foil and strip (other than those of Chapter 54). The Explanatory Notes to heading 5404, state that this heading includes strip and the like, of synthetic textile materials that are flat, of a width not exceeding 5 mm, either produced as such by extrusion or cut from wider strips or from sheets.

The strips that are used to manufacture this product meet the definition for strip in heading 5404, HTS. Therefore, the strip that compose this product is considered textile and is precluded from classification in Chapter 39, HTS. Furthermore, products woven from these strips are considered woven fabrics of textile classifiable in Chapter 54.

The applicable subheading for the polypropylene woven fabric will be 5407.20.0000, 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 rate of duty will be 17 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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