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NY I80730




May 7, 2002

CLA-2-59:RR:NC:TA: 350 I80730

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.20.0000; 5903.90.2500

Mr. Bob Murphy
RJM Sales, Inc.
1830 North Hudson
Chicago, IL 60614

RE: The tariff classification of three polypropylene plastics coated tarpaulin type materials, for use in lumber wrap, recreational vehicle and mobile home industries, etc., from China.

Dear Mr. Murphy:

In your letter dated April 15 and fax of April 23, 2002, you requested a classification ruling.

Three representative samples were submitted which were identified as Sample #1 (RV material), Sample #2 (“U/S” material) and Sample #3 (“LW material), respectively.

The first item, Sample #1 (RV material), consists of woven polypropylene textile strips (i.e. measuring not over 5 mm in apparent width) and black in color, having a count of 8 x 8 per square inch. This material has been coated/laminated on one side with 37 microns of a light black pigmented, high density, polypropylene plastic film which is visible to the naked eye.

The second item, Sample #2 (“U/S” material), consists of woven polypropylene textile strips (i.e. measuring not over 5 mm in apparent width) and black in color, having a count of 8 x 7 per square inch. This material has been coated/laminated on one side with 25 microns of a light black pigmented, high density, polypropylene plastic film which is visible to the naked eye.

The third item, Sample #3 (“LW material), consists of woven polypropylene textile strips (i.e. measuring not over 5 mm in apparent width) having a count of 6 x 6 per square inch. The strips are clear though somewhat striated, thus, to a degree, translucent in appearance. This material has been coated/laminated on one side with 25 microns of a clear, high density, polypropylene plastic film, which is not visible to the naked eye. While your fax of April 23rd mentions a revised sample of the LW material having a “white” coating on one side and a “tan” coating on the other, we will not be able to address that material without an actual prototype sample. If you wish, you may write us again and we will reply under separate cover.

These three materials will be imported as roll goods having widths ranging from 84 to 204 inches and lengths of 1,500 to 3,000 feet. The following technical weight specifications were provided for these three materials:

Sample #1 Sample #2 Sample #3

Wt. Of Fabric: 4.7 oz/y² .70 oz/y² 1.764 oz/y² Wt. Of PP: 1.0 oz/y² .25 oz/y² .346 oz/y² Total Wt.: 5.7 oz/y² .95 oz/y² 2.110 oz/y²

The applicable subheading for Samples #1 and #2 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 plastics. The duty rate is 7.7 percent ad valorem.

The applicable subheading for Sample #3 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 is 3.4 percent ad valorem.

Sample #3 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. There are currently no textile restraints for Samples #1 and #2.

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 646-733-3044.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division

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