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NY I89580




January 3, 2003

CLA-2-58:RR:NC:TA:352 I89580

CATEGORY: CLASSIFICATION

TARIFF NO.: 5803.90.3000

Mr. Edward A. Garment
Friedman Bag Company, Inc.
P.O. Box 866004, Terminal Annex
Los Angeles, CA 90086-6004

RE: The tariff classification of 100% polypropylene leno woven fabric from China, India or Sri Lanka.

Dear Mr. Garment:

In your letter dated December 18, 2002 you requested a classification ruling.

The submitted sample is a leno woven fabric composed of 100% polypropylene. It is manufactured from polypropylene strips that measure approximately 1 millimeter in apparent width. These strips meet the dimensional requirements to be considered synthetic textile strips. A woven narrow fabric tape approximately 0.5 inch in width has been incorporated into the fabric during the weaving process to serve as a draw tape after the fabric is further manufactured into bags in the United States. Your correspondence indicates that the leno woven fabric will be imported in several widths including 20.5, 25.5 and 32.5 inch widths. This product will be used in the manufacture of bags for the packing of agricultural commodities such as onions.

The applicable subheading for the leno woven fabric will be 5803.90.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for gauze, other than narrow fabrics of heading 5806, of other textile materials, of man-made fibers. The duty rate will be 1.7 percent ad valorem.

This fabric falls within textile category designation 220. Based upon international textile trade agreements products of China and India are subject to quota and the requirement of a visa. In addition, products of Sri Lanka are subject to visa requirements.

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 Alan Tytelman at 646-733-3045.

Sincerely,

Robert B. Swierupski
Director,

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