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NY B85182




May 8, 1997

CLA-2-54:RR:NC:TA:352 B85182

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.20.0000; 6305.33.0020

Mr. Ajay S. Patel
AJ Plastics
8146 Crook Drive N.
Indianapolis, Indiana 46256

RE: The tariff classification of textile sacks and plain woven fabric made from textile strip and cut to rectangular shape from India.

Dear Mr. Patel:

In your letter dated April 10, 1997 you requested a classification ruling.

Three samples accompanied your request for a ruling. The first, designated as a woven laminated polyethylene sheet, is a plain woven fabric composed of polyethylene strips that measure 2.55 millimeters in width. This product contains approximately 4 strips per centimeter in the warp and 4 strips per centimeter in the filling. It is cut to a rectangular shape and measures 54 inches by 40 inches. This item has been coated or laminated with a clear plastic, presumably polypropylene, on one side, however the coating is not visible to the naked eye. You indicate that this product will be used as baling material to pack used clothing, rags or other textile or apparel articles.

The sample designated as a woven tarpaulin is a plain woven fabric composed of polyethylene strips that measure 2.55 millimeters in width. It contains approximately 4 strips per centimeter in the warp and 4 strips per centimeter in the filling. This fabric has been cut to rectangular shape and will be imported in a variety of sizes. A typical size for this product would be for example 10 feet by 30 feet. Your correspondence indicates that this product would be used to cover goods to protect them from bad weather and damage during transport or storage. It should be noted that this item is not made up into an article but is merely fabric cut to a rectangular shape.

The final sample, designated as a laminated woven polyethylene sack, is a bag measuring approximately 17 inches by 27 inches. It is manufactured from a woven fabric composed of polyethylene strips that measure 2.55 millimeter in width. The fabric that is used to manufacture this bag has been coated or laminated on one side with a clear plastic that is not visible to the naked eye. This product will be used to pack commodities such as grain, fertilizer, chemicals and similar goods for transport or storage.

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 sample designated as woven laminated polyethylene sheet is not visible to the naked eye, it is not considered a coated fabric for the purposes of classification as a coated or laminated fabric in heading 5903, HTS.

The applicable subheading for the product designated as woven laminated polyethylene sheet 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 materials of heading 5404, woven fabrics obtained from strip or the like. The duty rate will be 11.9 percent ad valorem.

The applicable subheading for the product designated as woven tarpaulins 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 materials of heading 5404, woven fabrics obtained from strip or the like. The duty rate will be 11.9 percent ad valorem.

The applicable subheading for the product designated as woven laminated polyethylene sacks will be 6305.33.0020, HTS, which provides for sacks and bags, of a kind used for the packing of goods, of man-made textile materials, other, of polyethylene or polypropylene strip or the like, other. The duty rate will be 9.2 percent ad valorem.

The products designated as woven tarpaulins and woven laminated polyethylene sheets 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 product designated as woven laminated polyethylene sacks falls within textile category designation 669. 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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