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May 19, 1999

CLA-2-54:RR:NC:TA:352 E82084

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.20.0000

Ms. Melinda Shellnut
Coppersmith, Inc.
3014 Airfreight Road, Suite 200
Houston, TX 77032

RE: The tariff classification of 100% polypropylene plain woven fabric from Brazil or India.

Dear Ms. Shellnut:

In your letter dated May 7, 1999, on behalf of your client Unlimited plastics Company, Inc., you requested a classification ruling.

The submitted sample, designated as Exhibit B, is a plain woven fabric composed of 100% polypropylene. It is manufactured using strips that measure approximately 3 millimeters in width. These strips meet the dimensional requirements to be considered textile strips for the purposes of the Harmonized Tariff Schedules. This fabric contains 10 strips per inch in the warp and 10 strips per inch in the filling. Weighing approximately 85 g/m2, this product will be imported in 91.4 centimeter widths. Your correspondence indicates that this fabric will be used to manufacture silt fences which are used to control erosion on construction sites.

The applicable subheading for the plain woven 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 8.5 percent ad valorem.

This fabric falls within textile category designation 620. Based upon international textile trade agreements products of India and Brazil 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 212-637-7092.

Sincerely,

Robert B. Swierupski
Director,

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