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NY G82110




October 3, 2000

CLA-2-59:RR:NC:TA:350 G82110

CATEGORY: CLASSIFICATION

TARIFF NO.: 5903.90.2500

Mr. Ray Reynolds
Lee Hardeman Customs Broker, Inc.
P.O. Box 45545
Atlanta, GA 30320-0545

RE: The tariff classification of geotextile grid material woven from polypropylene plastic coated textile yarns, from Taiwan.

Dear Mr. Reynolds:

In your letter dated September 12, 2000, on behalf of The Tensar Corporation, Morrow, GA, you requested a classification ruling.

The instant sample, as described in your correspondence, consists of an open weave fabric containing approximately ¾ " mesh sizes. The fabric is woven of yarns of 100% polyester man-made fibers that have been pre-coated before being fused together during the manufacturing process to the form the grid material. Additionally, there is a dobby type uncoated yarn which alternates throughout the open weave of the geogrid material. You indicate that the material weighs 380 g/m² (60% polyester/40% PP plastic)and has application in construction techniques as earthen wall building and similar applications.

You suggest classification is proper in subheading 3921.90.1500, however, Chapter 59, note 2(b) states: “heading 5903 applies to fabrics made from yarn, strip or the like, impregnated, coated, covered or sheathed with plastics, of heading 5604.” Accordingly, the goods are classifiable in chapter 59.

The applicable subheading for the product will be 5903.90.2500, Harmonized Tariff Schedule of the United States (HTS), which provides for textile fabrics impregnated, coated, covered or laminated with plastics, ..., of man-made fibers, not over 70 percent by weight of rubber or plastics. The rate of duty is 7.9 percent ad valorem.

This merchandise falls within textile category designation 229. Based upon international textile trade agreements products of Taiwan 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.

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 George Barth at 212-637-7085.

Sincerely,

Robert B. Swierupski
Director,

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