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NY J86577




July 18, 2003

CLA-2-54:RR:NC:TA:352 J86577

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.20.0000; 3917.32.0010

Mr. Michael Skidmore
Michael J. Skidmore, Customs Consultant
103 Greenleaf Street
Quincy, MA 02169

RE: The tariff classification of a plain woven polypropylene fabric and a lay flat extruded plastic tubular product from China, Indonesia, Taiwan, Korea, or Thailand.

Dear Mr. Skidmore:

In your letter dated June 23, 2003, on behalf of your client Henry W. Peabody & Co., Inc., you requested a classification ruling.

Two samples accompanied your request for a ruling. The first, designated as a “Silt Fence”, is a plain woven fabric composed of 100% polypropylene. It is manufactured using polypropylene strips that measure less than 5 millimeter in width and meet the dimensional requirements to be considered synthetic textile strip. As a consequence, the fabric woven from such strip is considered to be a synthetic textile woven fabric. It is presumed that his product will be imported in widths exceeding 30 centimeters. Your correspondence indicates that this product will be used at construction sites to control erosion.

The second sample, designated as “Tubular PVC Netting”, is an extruded lay-flat tubing composed of 100% polyvinyl chloride. It is characterized by an open-work mesh and measures approximately 7 inches in diameter. Your correspondence indicates that it will be imported in long lengths and will be cut to the appropriate size as necessary. This product will be filled with hay or straw and will be placed at locations susceptible to erosion to prevent soil loss.

The applicable subheading for the product designated as a “Silt Fence” 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.

The applicable subheading for the product designated as “Tubular PVC Netting” will be 3917.32.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for tubes, pipes and hoses and fittings thereof (for example, joints, elbows, flanges), of plastic, other tubes, pipes and hoses, other, not reinforced or otherwise combined with other materials, without fittings, of polyvinyl chloride. The duty rate will be 3.1 percent ad valorem.

The plain woven fabric designated as a “Silt Fence” falls within textile category designation 620. Based upon international textile trade agreements products of China, Taiwan, Indonesia, Korea 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 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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