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NY J81718




March 18, 2003

CLA-2-54:RR:NC:TA:352 J81718

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.20.0000

Mr. Robert J. Geraghty
Halsted Corporation
78 Halladay Street
P.O. Box 4068
Jersey City, NJ 07304

RE: The tariff classification of a 100% polypropylene circular woven tubular fabric laminated on the outside with transparent layer of polypropylene from Thailand and Indonesia.

Dear Mr. Geraghty:

In your letter dated March 10, 2003 you requested a classification ruling.

The submitted sample, designated as “Woven Polypropylene Continuous Tube”, is a circular plain woven tubular fabric composed of 100% polypropylene. It is manufactured using polypropylene strips that measure approximately 3 millimeter in width. These strips meet the dimensional requirements to be considered textile strips. This fabric contains approximately 10 strips per inch in the warp and 10 strips per inch in the filling. Your letter indicates that this product will be imported with a 20 inch diameter. The outside of the tube has been laminated with clear polypropylene, however the plastic lamination is not visible to the naked eye.

Note 2 to Chapter 59, Harmonized Tariff Schedule of the United States, (HTS), defines the scope of heading 5903, under which textile fabrics which are coated, covered, impregnated, or laminated with plastics are classifiable. In addition, it provides guidance on the classification of combinations of textile and plastics. Note 2 states in part that heading 5903, HTS, applies to:

(a) Textile fabrics, impregnated, coated, covered or laminated with plastics, whatever the weight per square meter and whatever the nature of the plastic material (compact or cellular), other than:

(1) Fabrics in which the impregnation, coating or covering cannot be seen with the naked eye (usually chapters 50 to 55, 58 or 60): for the purposes of this provision, no account should be taken of any resulting change in color;

(2) Products which cannot, without fracturing, be bent manually around a cylinder of a diameter of 7 mm, at a temperature between 15 C and 30 C (usually chapter 39)

(3) Products in which the textile fabric is either completely embedded in plastics or entirely coated or covered on both sides with such material, provided that such coating or covering can be seen with the naked eye with no account being taken of any resulting change of color (chapter 39);

(4) Fabrics partially coated or partially covered with plastic and bearing designs resulting from these treatments (usually chapters 50 to 55, 58 or 60);

Since the lamination on this fabric is not visible to the naked eye , it is not considered a coated fabric either for the purposes of classification in heading 5903, HTS, as a coated fabric of textile nor as a plastic product of chapter 39.

The applicable subheading for the tubular woven fabric 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 the materials of heading 5404, woven fabrics obtained from strip or the like. The duty rate will be 1.7 percent ad valorem.

This fabric falls within textile category designation 620. Based upon international textile trade agreements products of Indonesia and Thailand are subject to quota and the requirement of a visa.

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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