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NY B85696




June 16, 1997

CLA-2-54:RR:NC:TA:352 B85696

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.20.0000

Mr. Paresh Waghela
Fritz Marketing Inc.
555 Burnhamthorpe Road, Suite 209
Etobicoke, Ontario M9C 2Y3, Canada

RE: The tariff classification of plain woven polypropylene fabric from India.

Dear Mr. Waghela:

In your letter dated May 14, 1997 you requested a classification ruling.

Two samples of woven fabric accompanied your request for a ruling. The first is a plain woven fabric composed of 100% polypropylene. This product has been woven from polypropylene strips that measure between 2 and 3 millimeters in width. This fabric contains approximately 10 strips per inch in the warp and 10 strips per inch in the filling. This item has been coated or laminated on one side with a clear polypropylene. The second fabric is also a plain woven fabric with identical construction except that it has been coated or laminated on both sides with clear polypropylene.

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 or lamination on the samples submitted is not visible to the naked eye, they are not considered coated fabrics for the purposes of classification as a coated or laminated fabric in heading 5903, HTS.

The applicable subheading for both woven fabrics 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.

Both these products fall 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.

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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