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NY J85653





June 13, 2003

CLA-2-54:RR:NC:TA:352 J85653

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.20.0000

Mr. Michael Chao
MYKO Industries, Inc.
398 Amethyst Ct.
Lake Mary, FL 32746

RE: The tariff classification of 100% olefin plain woven fabric constructed with synthetic textile strip from China.

Dear Mr. Chao:

In your letter dated June 3, 2003 you requested a classification ruling.

The submitted sample, designated as style SF-4100 “Silt Fence”, is a plain woven fabric composed of 100% polyethylene or 100% polypropylene. It is constructed from strips that measure approximately 3 millimeters in width. These strips meet the dimensional requirements to be considered synthetic textile strips. This fabric contains 10 strips per inch in the warp and 10 strips per inch in the filling. Weighing approximately 73 g/m2, this product will be imported in either 91.4 or 121.9 centimeter widths. Your correspondence indicates that this item will be imported in either 100 or 300 meter rolls and will be used to make silt fences for the control of erosion.

The applicable subheading for the plain 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 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 China 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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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