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NY J81331




February 27, 2003

CLA-2-70:RR:NC:TA:352 J81331

CATEGORY: CLASSIFICATION

TARIFF NO.: 7019.59.9020

Mr. W. Christopher Lewis
Advanced Flexible Composites, Inc
14 Walter Court
Lake in the Hills, IL 60156

RE: The tariff classification of two glass fiber woven fabrics from England or Saudi Arabia.

Dear Mr. Lewis:

In your letter dated February 19, 2003 you requested a tariff classification ruling.

Two samples of woven glass fiber fabric accompanied your request for a ruling. The first, designated as “DuraFlow Mesh” style 27-31 is a plain woven fabric that has been coated with PTFE plastic. The plastic coating colors the fabric and represents approximately 23% by weight of this product. This fabric contains 13 yarns per inch in the warp and 12 yarns per inch in the filling. It is manufactured from multifilament fiberglass yarns whose filaments measure 9 microns in diameter. Weighing 504.6 g/m2, this product will be imported in 188 centimeter widths. The literature submitted with this product indicates that the fabric will be used in the manufacture of conveyor belting.

“DuraFlow Mesh” style 27-48 is a leno woven fabric that has been coated with PTFE plastic. This colored plastic coating represents approximately 30% by weight of this item. This fabric contains 10 yarns per inch in the warp and 4 yarns per inch in the filling. The multifilaments that form the glass yarns measure 9 microns in diameter in the warp yarns and 10 microns in diameter in the filling yarns. The fabric is characterized by a stable open-work mesh configuration that has been stabilized by the plastic coating. Weighing approximately 504.6 g/m2, this fabric will be imported in 310 centimeter widths. Your correspondence indicates that this product will be used in the manufacture of conveyor belts.

Since these items are composite goods constructed with fiberglass and plastic and each of the components lends important characteristics to the product, no essential character can be determined. Consequently by operation of General Rule of Interpretation 3(c), these fabrics are classifiable under the heading which occurs last in numerical order among those which equally merit consideration. In this case heading 7019 is last in numerical order in comparison with the plastic provision of Chapter 39.

The applicable subheading for the two woven glass fiber fabrics style numbers 27-31 and 27-48 will be 7019.59.9020, Harmonized Tariff Schedule of the United States (HTS), which provides for glass fibers (including glass wool) and articles thereof (for example, yarn, woven fabrics), other woven fabrics, other, colored, other, weighing more than 205 g/m2, with a filament diameter of 7 to 13 microns. The rate of duty will be 7.4 percent ad valorem.

Goods classifiable in subheading 7019.59.9020,HTS, and produced in either Saudi Arabia or England are not subject to either Quota restraints or visa requirements.

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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