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NY 810250




June 12, 1995

CLA-2-54:S:N:N6:352 810250

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.20.0000

Ms. Linda Boortz
E. R.Hawthorne & Co., Inc.
9370 Wallisville Road, Suite 100
Houston, TX 77103

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

Dear Ms. Boortz:

In your letter dated May 5, 1995, on behalf of your client Sunjut/Sun I Jut Sanayi, you requested a tariff classification ruling.

The submitted sample is a plain woven fabric composed of 100 percent polypropylene. This fabric has been coated with polypropylene. Based on information provided, it is manufactured with polypropylene strips measuring approximately 3 millimeters (mm) in width. The fabric weighs 80 grams per square meter and the polypropylene coating weighs 40 grams per square meter. The combined weight of this textile product is 120 grams per square meter.

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 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 the 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 15.3 percent ad valorem.

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
New York Seaport

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