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NY H85070




August 20, 2001

CLA-2-56:RR:NC:N3:351 H85070

CATEGORY: CLASSIFICATION

TARIFF NO.: 5607.49.1500, 5806.32.2000, 5407.20.0000

Mr. Geoffrey J. Wong
Southern Equipment & Supplies Corp.
797 West 18 Street
Miami, FL 33010

RE: The tariff classification of polypropylene yarn and fabric from Taiwan, China, and Indonesia.

Dear Mr. Wong:

In your letter dated August 2, 2001, addressed to Mrs. Cecilia Cintron of the Port of San Juan, Puerto Rico, you requested a ruling on tariff classification. Your letter has been forwarded to this office for a response.

You submitted samples of numerous articles made of polypropylene. Exhibits A, B C, D, and E are fabrics woven of strips that do not exceed 5 mm and while the fabrics may be coated, the coating is not visible to the naked eye; C, D, and E are narrow woven fabrics (½”, 2”, and 2½”, respectively). Exhibits F and G are twine, fibrillated and twisted.

The applicable subheading for the two samples of twine will be 5607.49.1500, Harmonized Tariff Schedule of the United States (HTS), which provides for twine, cordage, ropes and cables, of polyethylene or polypropylene, other, other, not braided or plaited, measuring less than 4.8 mm in diameter. The general rate of duty will be 7.3 percent ad valorem. This product falls within textile category designation 201.

In your letter, you suggest that the proper classification for all of the fabrics is 6307.90.9989, HTS, which provides for other made-up textile articles, other. However, none of these samples has any characteristics that would fit in the definition of “made up” found in Note 7 of Section XI of the HTS.

The applicable subheading for the narrow fabrics C, D, and E will be 5806.32.2000, HTS, which provides for narrow woven fabrics, other than goods of heading 5807; other woven fabrics; of man-made fibers; other. The general rate of duty will be 6.4 percent ad valorem. This product falls within textile category designation 229.

The applicable subheading for fabrics A and B will be 5407.20.0000, 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 general rate of duty will be 5.1 percent ad valorem. This product falls within textile category designation 620.

Based upon international textile trade agreements products of Taiwan, China, and Indonesia are currently subject to quota and the requirement of a visa. All of the above-cited quotas are absolute quotas.

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 Mitchel Bayer at 212-637-7086.

Sincerely,

Robert B. Swierupski
Director,

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