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NY 803630




November 9, 1994

CLA-2-54:S:N:N6:352 803630

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.20.0000; 3921.90.1950

Mr. Dennis Awana
Inter-Orient Services
1455 Monterey Pass Road #205
Monterey Park, CA 91754

RE: The tariff classification of polypropylene and polyethylene woven fabric from China.

Dear Mr. Awana:

In your letter dated October 19, 1994, on behalf of your client United Manda, Inc., you requested a classification ruling.

You have submitted three samples of plain woven fabric. Items #1 and #2 are composed of 100% polypropylene and item #3, is composed of 100% polyethylene. Based on the information provided, Item #1, identified as HAIXIANG: PP,is manufactured with polypropylene strips measuring approximately 3 millimeters (mm) in width. This fabric is colored yellow and it has been coated on one side with polyethylene. Item #2, identified as LUYOU: PP, is manufactured with polypropylene strips that measure approximately 2 millimeters (mm) in width. Your correspondence states that no coating has been applied to this product. Item #3, identified as PE, is manufactured with polyethylene strips measuring approximately 3 millimeters (mm) in width. Both sides of this blue colored fabric have been coated with polyethylene.

Note 2 to Chapter 59, Harmonized Tariff Schedule of the United States, (HTS), defines the scope 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

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provision, no account should be taken of any resulting change in color;

Since the polyethylene coating on Item #1,HAIXIANG: PP woven fabric is not visible to the naked eye, it is not classifiable in heading 5903, HTS.

The applicable subheading for the polypropylene woven fabric, designated as Items HAIXIANG: PP and LUYOU: PP 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 applicable subheading for item PE, the blue colored polyethylene woven fabric, will be 3921.90.1950, HTS, which provides for other plates, sheets, film, foil and strip, of plastics...combined with a single type of textile fiber (man- made), weighing not more than 1.492 kilogram/meter square, other. The duty rate will be 5.3 percent ad valorem.

Items HAIXIANG: PP and LUYOU: PP fall within textile category designation 620. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa. Item PE does not require a visa and it is not subject to quota restrictions.

The designated textile and apparel categories 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).

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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
New York Seaport

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