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NY 874092


May 19, 1992

CLA-2-54:S:N:N3H:352 874092

CATEGORY: CLASSIFICATION

TARIFF NO: 5407.20.0000

Mr. Michael C. Murphy
Halsted Corporation
P. O. Box 4068 Bergen Station
Jersey City, NJ 07304

RE: The tariff classification of laminated polypropylene woven fabric from Thailand.

Dear Mr. Murphy:

In your letter dated April 27, 1992, received in this office on May 5, 1992, you requested a tariff classification ruling.

The submitted sample is a plain woven fabric that is composed of 100% polypropylene. This fabric is woven from polypropylene strips that measure approximately 3 millimeters (mm) in width. It contains 10 strips per inch in the warp and 9 strips per inch in the filling. This textile product will be imported in sheets measuring approximately 40x54 inches. These sheets have been laminated with a clear polypropylene coating. This manufacturing process makes the fabric impenetrable by moisture or air. The finished weight of this merchandise is approximately 100 grams per sheet. This product will be used as bale wrappers to protect the contents of the bales.

Note 2 to Chapter 59, Harmonized Tariff Schedule of the United States, (HTS), defines the coverage of heading 5903, under which textile fabrics which are coated, covered, impregnated, or laminated with plastics are classifiable. Note 2 states in part that heading 5903, HTS, applies to:

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

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

Since the polypropylene coating on this fabric is not visible to the naked eye, it is not classifiable in heading 5903, HTS.

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.

The woven fabric falls within textile category designation 620. Based upon international textile trade agreements, products of Thailand are subject to visa requirements and quota restraints.

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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