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NY 880627




December 8, 1992

CLA-2-54:S:N:N6:352 880627

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.20.0000

Ms. Linda Brown
D. J. Powers Co., Inc.
P. O. Box 9239
Savannah, GA 31412

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

Dear Ms. Brown:

In your letter dated November 24, 1992, on behalf of your client Transac, you requested a tariff classification ruling.

You have submitted two samples of plain woven polypropylene fabric. Your correspondence indicates that one sample is uncoated while the remaining sample is coated. The sample identified as uncoated fabric is composed of 100% polypropylene. It is woven with polypropylene strips that measure approximately 2 millimeters (mm) in width. This fabric contains 11 strips per inch in the warp and 10 strips per inch in the filling.

The remaining sample of coated fabric is also composed of 100% polypropylene. This product is woven with polypropylene strips measuring approximately 2 millimeters (mm) in width. The fabric contains 10 strips per inch in the warp and 9 strips per inch in the filling. As stated in your letter of inquiry, both products will be used to manufacture bags.

Note 2 to Chapter 59, Harmonized Tariff Schedules of the United States (HTS), defines the scope of heading 5903, under which textile fabrics which are coated, covered, impregnated, or laminated are classifiable. Note 2 states 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 weight of the plastic 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 of 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 both samples of 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 duty rate will be 17 percent ad valorem.

These woven 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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