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NY 890845




October 14, 1993

CLA-2-59:S:N:N6:350 890845

CATEGORY: CLASSIFICATION

TARIFF NO.: 5903.90.2500

Mr. Mike Zook
Fulton - Denver Company
3500 Wynkoop Street
Denver, Colorado 80216

RE: The tariff classification of a laminated fabric for use in the manufacture of produce bags, from China.

Dear Mr. Zook:

In your letter dated September 17, 1993, you requested a classification ruling.

The instant sample, green in color, is a length of leno woven polypropylene open mesh fabric, 38 inches wide, which represents the approximate depth of the bag to be. There is a visible thin plastic film, believed to be polypropylene, 8.75 inches wide, centered, and laminated longitudinally along the length of the material. The plastic film does not appear to be over 70 percent of the total weight of the material. This strip becomes the printing surface to advertise and describe the produce to be contained therein. The printing on this film suggests that this material will be manufactured into cabbage bags after it is imported into the United States. Additionally, there is a drawstring (black) of a narrow, 3/8 inch wide flat braid of polypropylene textile strip, approximately 1.5 inches from one selvage, woven in during the construction of the fabric. While you did not indicate exactly how this material will be imported, we presume that it will be imported in either cut rectangular pieces or continuous lengths. In either case, this will not affect the classification.

The applicable subheading for the product, therefore, will be 5903.90.2500, Harmonized Tariff Schedule of the United States (HTS), which provides for textile fabrics impregnated, coated, covered or laminated with plastics, of man-made fibers, not over 70 percent by weight of plastic. The duty rate will be 8.5 percent ad valorem.

This merchandise falls within textile category designation 229. Based upon international textile trade agreements, products of China are subject to a visa requirement.

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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