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NY D85789




December 31, 1998

CLA-2-54:RR:NC:TA:352 D85789

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.20.0000

Mr. John Kwon
United American Industries International, Inc. 4200 Columbia Way, Suite B
Vancouver, WA 98661

RE: The tariff classification of 100% polypropylene tubular woven fabric from Korea.

Dear Mr. Kwon:

In your letter dated December 17, 1998 you requested a classification ruling.

The submitted sample is a section of tubular plain woven fabric composed of 100% polypropylene. This product is manufactured by weaving polypropylene strips that measure 2 millimeters in width into seamless plain woven tubular fabric on a circular loom. The strips meet the dimensional requirements to be considered textile strips and consequently the tubular fabric is considered a textile product. Weighing approximately 4.5 ounces per square yard, this fabric will be imported in 68.5 inch widths when flattened and has been cut to 43 inch lengths. It contains 11 strips per inch in the warp and 11 strips per inch in the filling. Your correspondence indicates that this item will be used to wrap hay bails.

Your letter indicates that you believe that this product may be classifiable as an other made up article in subheading 6307.90.9989, HTS. This is not possible since the tubular fabric is not "made up" within the meaning of Note 7 to Section XI. Note 7 to Section XI states:

For the purposes of this section, the expression "made up" means:

(a) Cut otherwise than into squares or rectangles;

(b) Produced in the finished state, ready for use (or merely needing separation by cutting dividing threads) without sewing or other working (for example, certain dusters, towels, tablecloths, scarf squares, blankets);

(c) Hemmed or with rolled edges, or with knotted fringe at any of the edges, but excluding fabrics the cut edges of which have been prevented from unravelling by whipping or other simple means;

(d) Cut to size and having undergone a process of drawn thread work:

(e) Assembled by sewing, gumming or otherwise (other than piece goods consisting of two or more lengths of identical material joined end to end and piece goods composed of two or more textiles assembled in layers, whether or not padded); or

(f) Knitted or crocheted to shape, whether presented as separate items or in the form of a number of items in the length.

Since the tubular fabric before us for consideration does not meet any of the requirement set forth in Note 7 to Section XI, it cannot be considered a "made up" article.

Note 1 to Chapter 63 states:

1. Subchapter 1 applies only to made up articles, of any textile fabric.

Consequently, since the tubular fabric is not "made up" within the meaning of Note 7 to Section XI, it cannot be classified in subheading 6307.90.9989, HTS, by operation of Note 1 to Chapter 63.

The applicable subheading for the tubular 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 materials of heading 5404, woven fabrics obtained from strip or the like. The duty rate will be 10.2 percent ad valorem in 1998 and 8.5 percent ad valorem in 1999.

This fabric falls within textile category designation 620. Based upon international textile trade agreements products of Korea 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,

Robert B. Swierupski
Director,

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