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NY 811083



June 21, 1995
CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.20.0000

Mr. Jimmy Chen
Greentex Company
5-20 17th Street
Fair Lawn, NJ 07410

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

Dear Mr. Chen:

In your letter dated May 24, 1995, you requested a classification ruling.

The submitted sample is a plain woven fabric that is composed of 100 percent polypropylene. This fabric is manufactured with 800 denier polypropylene strips that measure approximately 2 millimeters (mm) in width. It contains 10 strips per inch in both the warp and filling. This textile product will be imported in sheets measuring 43x54, 42x120 and 80x120 inches. The sheets have been coated on one side with what is assumed to be a clear polypropylene plastic. This fabric weighs 77 grams per square meter.

Your letter of inquiry also request classification for a second sample of polyproplene woven fabric with both sides coated. However, without a sample of the product it is not possible to render a classification at this time. This classification applies only to the submitted sample.

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

Since the 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 fabric falls within textile category designation 620. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

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).

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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