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NY E89599




November 8, 1999

CLA-2-63:RR:NC:TA:352 E89599

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9989

Mr. Peter M. Wa
Vision Polytex
701-33 Kennedy Road South
Brampton, Ontario L6W 3E5, Canada

RE: The tariff classification of woven polypropylene soil erosion barrier from Indonesia, India, China or Thailand.

Dear Mr. Wa:

In your letter dated October 27,1999 you requested a tariff classification ruling.

The submitted sample is a soil erosion barrier made from 100% polypropylene woven strip. The fabric from which this product is produced contains 10 strips per inch in the warp and 10 strips per inch in the filling. Each of the strips which measure 2 to 3 millimeters in width meet the dimensional requirements to be considered textile strips. This item is manufactured in 36 inch widths and features a hem at the upper edge. This hem is created by folding down several inches of the fabric and sewing the fabric to itself. This process creates a one inch pocket into which a rope or rod is inserted which facilitates the hanging of the erosion barrier inside ditches to prevent erosion of the soil. In addition, you indicate that this product may be used as a liner in a shipping container by hanging it like a curtain from a rod or rope inserted in the pocket which was created by the hem. Since the hemming of the edge of this fabric was done for a specific utilitarian purpose, the attachment of a hanging rope or rod, this product is considered a "made up" article.

The applicable subheading for the soil erosion barrier will be 6307.90.9989, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles...other, other, other, other, other. The rate of duty will be 7 percent ad valorem.

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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