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NY 879740




November 12, 1992

CLA-2-54:S:N:N3H:352 879740

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.20.0000

Mr. Rafael Quiroz, Jr.
U. S. Customshouse Broker
P. O. Box 3259
Laredo, TX 78044

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

Dear Mr. Quiroz:

In your letter dated October 26, 1992, on behalf of your client Plas-T-Pack, Inc., you requested a tariff classification ruling.

You have submitted two samples of fabric that are composed of 100% polypropylene. The black polypropylene fabric is plain woven with strips that measure approximately 2 millimeters (mm) in width. It contains 14 strips per inch in the warp and 12 strips per inch in the filling. This fabric weighs 111 g/m2 and it will be imported in 366 centimeter widths.

The beige polypropylene fabric is plain woven with strips that measure approximately 3 millimeters (mm) in width. It contains 12 strips per inch in the warp and 7 strips per inch in the filling and weighs 70 g/m2. Your letter of inquiry indicates that these fabrics will be used as ground covers to protect certain plants from the sun.

Your correspondence states that in your opinion this merchandise should be classified under Harmonized Tariff Schedule of the United States, (HTS),
5407.30.1000. This classification applies to fabrics specified in Note 9 to Section XI. Note 9 includes woven fabrics consisting of layers of parallel textile yarns superimposed on each other at acute or right angles. Since the yarns in the submitted samples are interlaced and not superimposed on each other, classification under subheading 5407.30 is incorrect.

The applicable subheading for both polypropylene fabrics will be 5407.20.0000, HTS, which provides for woven fabrics of synthetic filament yarns, 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.

Both fabrics fall within textile category designation 620. Based upon international textile trade agreements, products of Mexico are subject to 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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