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NY H87118




February 6, 2002

CLA-2-46:RR:NC:SP:230 H87118

CATEGORY: CLASSIFICATION

TARIFF NO.: 4601.99.9000

Mr. Ken Liu
Fritz Marketing Inc.
555 Burnhamthorpe Road, Suite 209
Etobicoke, Ontario M9C 2Y3
Canada

RE: The tariff classification of woven polyethylene fabric (scrim) from India.

Dear Mr. Liu:

In your letter dated January 10, 2002, you requested a tariff classification ruling.

A sample sheet of fabric made up of woven strips of polyethylene (HDPE) was submitted for our examination. The strips of the warp, said to be taken from material weighing 19 g/m2, are 3 mm in individual width. The strips of the weft, taken from material weighing 44.5 g/m2, are over 5 mm in individual width. The weft strips are said to contribute approximately 70% of the fabric’s overall weight. The sample is not coated or laminated on either side.

The fabric will be imported in large rolls, up to 122” wide, for use in various packaging applications. In some instances it may be coated or laminated after importation, prior to such use.

For tariff classification purposes, plastic strips exceeding 5 mm in width are considered “plaiting materials,” whereas those not exceeding 5 mm in width are considered textile materials. The fabric under review is therefore a “composite good” containing both plaiting material and textile material. General Rule of Interpretation 3(b), HTS, provides that composite goods consisting of different materials or components shall be classified as if they consisted of the material or component which gives them their essential character. In this case, we find that the plaiting material imparts the essential character, since its weight far exceeds that of the textile material.

Accordingly, the applicable subheading for the above-described fabric will be 4601.99.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for plaiting materials, bound together in parallel strands or woven, in sheet formother. The rate of duty will be 3.3%. The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in 19 CFR 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, either directly, by reference, or by implication, is accurate and complete in every material respect.

This ruling is being issued under the assumption that the subject goods, in their condition as imported into the United States, conform to the facts and the description as set forth both in the ruling request and in this ruling. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of Customs and you should resubmit for a new ruling in accordance with 19 CFR 177.2. You should also be aware that the material facts described in the foregoing ruling may be subject to periodic verification by the Customs Service.

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 Paul Garretto at 646-733-3035.

Sincerely,

Robert B. Swierupski
Director,

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