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NY B85622




May 23, 1997

CLA-2-54:RR:NC:TA:352 B85622

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.20.0000

Mr. Ashwin Kothari
Harisko Enterprises, Inc.
5 Brooklet Drive
Wilmington, Delaware 19810

RE: The tariff classification of 100% polyethylene plain woven fabric made with textile strip from India.

Dear Mr. Kothari:

In your letter dated May 12, 1997 you requested a classification ruling.

The submitted sample is a plain woven fabric composed of 100% polyethylene. It is manufactured using textile strips that measure approximately 4 millimeters in width. This product contains 8 strips per inch in the warp and 7 strips per inch in the filling. Weighing 78 g/m2, this item will be imported cut to 20 foot by 100 foot rectangles. This fabric has been coated on one side with a plastic coating that is essentially transparent even though it has a slightly milky appearance. However the coating is not visible to the naked eye other than by a change in color. Your correspondence indicates that this product will be used on construction sites.

Your correspondence indicates that you believe that this product should be classified as plastic builders' ware in chapter 39. This is incorrect. Since this product is made from polyethylene strips of an apparent width not exceeding 5 millimeters, it is considered a textile fabric. As such, it is excluded from classification as a plastic article in chapter 39 of the Harmonized Tariff Schedules.

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 plastic coating the woven polyethylene fabric sheet is not visible to the naked eye, it would not be considered coated for the purposes of classification in heading 5903, HTS.

The applicable subheading for the plain woven polyethylene fabric will be 5407.20.0000, Harmonized Tariff Schedule of the United States (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 11.9 percent ad valorem.

This product falls within textile category designation 620. Based upon international textile trade agreements products of India 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. 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.

It should be noted that this ruling only applies to the sample submitted. Since small changes in the construction of the fabric or quantity of coating material may affect the classification of this product, a sample of any variant of this product must be submitted before a ruling may be issued.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Alan Tytelman at 212-466-5896.

Sincerely,

Paul K. Schwartz
Chief, Textile and Apparel Branch

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