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NY 812254




August 2, 1995

CLA-2-54:S:N:N6:352 812254

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.20.0000

Mr. Paul L. Greenlee
John A. Steer, Co.
28 S. Second Street
Philadelphia, PA 19106

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

Dear Mr.Greenlee:

In your letter dated June 29, 1995, on behalf of your client Mutual Industries, Inc., you requested a classification ruling.

You have submitted a sample of woven fabric that is composed of 100 percent polypropylene material. The fabric is plain woven using polypropylene strips that measure approximately 3 millimeters (mm) in width. It contains 11 strips per inch in the warp and 9 strips per inch in the filling. This product will be used to manufacture slit fences that will aid in protecting the environment on construction sites.

Your inquiry suggests that the fabric is classifiable in heading 3920, Harmonized Tariff Schedules of the United States (HTS). This is not correct. Chapter 39, Note 10, states that in heading nos. 3920 and 3921, the expression "plates, sheets, film, foil and strip", applies only to plates, sheets, film, foil and strip (other than those of Chapter 54). The Explanatory Notes to heading 5404, state that this heading includes strip and the like, of synthetic textile materials that are flat, of a width not exceeding 5 mm, either produced as such by extrusion or cut from wider strips or from sheets.

The strips that are used to manufacture this product meet the definition for strip in heading 5404, HTS. Therefore, the strips that compose this product are considered textile and are precluded from classification in Chapter 39, HTS. Furthermore, products woven from these strips are considered woven fabrics of textile classifiable in Chapter 54.

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 rate of duty will be 15.3 percent ad valorem.

This polypropylene woven fabric falls within textile category designation 620. Based upon international textile trade agreements, products of China are subject to quota restrictions and visa requirements.

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 New York Seaport

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