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NY G81767




September 5, 2000

CLA-2-54:RR:NC:TA:352 G81767

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.20.0000

Mr. James F. Welton
225 N. Arlington Heights Road, Suite 200
Elk Grove Village, IL 60007

RE: The tariff classification of 100% polypropylene plain woven fabric used for erosion control fencing from China.

Dear Mr. Welton:

In your letter dated August 24, 2000, on behalf of your client Design Source International Ltd., you requested a classification ruling.

The submitted sample, designated as a “Silt Fence”, is a plain woven fabric composed of 100% polypropylene. It is manufactured from strips that measure approximately 1 millimeter in width in the warp direction and approximately 2.5 millimeters in width in the filling direction. The strips meet the dimensional requirements to be considered textile strip of heading 5404 and the fabric made from the strips is therefore considered a man-made textile fabric. It contains 16 strips per inch in the warp and 10 strips per inch in the filling. This fabric has tucked selvages and will be imported in 36 inch widths. Your correspondence indicates that this product will be imported in rolls approximately 100 yards and length and will be imported either alone or with wood fence posts. After importation the fabric will be cut to the appropriate length and then attached to the erected fence posts to form a “Silt Fence” which functions to prevent erosion of the topsoil. The fence posts are manufactured from wood, measure 1.25” X 1.25” X 48” and have had one end sharpened.

The applicable subheading for the plain woven polypropylene fabric whether imported alone or imported with the fence posts 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 6.8 percent ad valorem.

This fabric falls within textile category designation 620. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

You have not provided enough information for us to issue a ruling on the fence posts. Please provide the genus and species of the wood from which the posts are made. In addition detail all the processing that was done in the manufacture of the fence posts. The literature provided indicates that the end posts are covered with a geotextile. Please indicate what type of geotextile is used and how the geotextile is attached to the end posts. Detail how many end posts are included and if this treatment is different from the fence posts other than end posts. When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs, Customs Information Exchange, Room 437, 6 World Trade Center, New York, NY 10048, attn: Binding Rulings Section.

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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