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NY 883834




April 1, 1993

CLA-2-60:S:N:N5:351 883834

CATEGORY: CLASSIFICATION

TARIFF NO.: 6002.43.0080

Ms. Kelly Spivey
Southern Overseas Corporation
P.O. Box 19130
Charlotte, NC 28219

RE: The tariff classification of a warp knitted geotextile from Germany.

Dear Ms. Spivey:

In your letter dated March 4, 1993, on behalf of Huesker Inc., you requested a classification ruling.

You have submitted two samples. One is a warp knitted fabric. The other is a woven fabric. Both are made of high strength polyester. The literature provided states that these fabrics can be combined with a nonwoven, however, the nonwoven fabric was not presented for classification. You state that both fabrics can also be made of polyethylene or polypropylene. These fabrics are geotextiles which will be used in building and earth retention applications. According to the literature, they are over 5 meters in width.

The applicable subheading for the warp knit fabric whether of high strength polyester or of polyethylene or polypropylene, will be 6002.43.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for other fabrics warp knit... of man-made fibers, other, other. The duty rate will be 14 percent ad valorem.

You do not provide enough information for us to classify the woven fabric. When made of high strength polyester, please state:

1) The tenacity of the yarns in centinewtons per tex. 2) The weight of the fabric.
3) Whether the yarns are texturized.

When made of polypropylene or polyethylene, please provide the information on the enclosed questionnaire entitled "Information Required For Classification Of Woven Man Made Fiber Fabrics." If the fabric is made from filament yarns, items 6, 10, and 11 need not be provided.

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,


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