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NY 890117




September 20, 1993

CLA-2-54:S:N:N6:352 890117

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.20.0000

Mrs. Linda Brown
D.J. Powers, Inc.
P.O. Box 9239
35 Barnard Street
Savannah, Georgia 31412

RE: The tariff classification of woven fabric composed of polypropylene strip and polypropylene filament yarns from Mexico

Dear Mrs. Brown:

In your letter dated September 2, 1993, on behalf of your client Transac, you requested a classification ruling.

The submitted sample is a plain woven fabric composed of 83% by weight of polypropylene strip and 17% by weight of multifilament polypropylene yarns. The polypropylene strips are approximately 2 millimeters in width. The polypropylene multifilament yarns are only in the warp of the fabric and are woven in four bands measuring 4.57 centimeters wide located at intervals across the width of the fabric and running the full length of the fabric. This product contains 18.6 strips per inch in the warp and 12.2 strips per inch in the filling. In the four bands where the warp is composed of polypropylene multifilament yarns, there are approximately 36 warp ends per inch. Weighing approximately 240 g/m2, this product will be imported in 183 centimeter widths. The fabric has been coated with a clear polypropylene plastic which represents approximately 10% of the weight of the fabric. Your correspondence indicates that this product will be used to manufacture flexible shipping containers for powdered products.

Note 2 to Chapter 59, Harmonized Tariff Schedules of the United States (HTS), defines the scope of heading 5309, 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 plastic material (compact or cellular), other than:

(1) Fabrics in which the impregnation, coating or covering cannot be seen with the naked eye (usually chapters 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 clear polypropylene plastic coating is not visible to the naked eye, it is excluded from classification in heading 5903, HTS.

The applicable subheading for the woven polypropylene fabric will be 5407.20.0000, HTS, which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from the materials of heading 5404, woven fabrics obtained from strip or the like. The duty rate will be 17 percent ad valorem.

This fabric falls within textile category designation 620. Based upon international textile trade agreements, products of Mexico are subject to 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

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