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NY K81633




December 12, 2003
CLA-2-54:RR:NC:TA:352 K81633

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.20.0000

Mr. Karl Krueger
DHL Danzas
2660 20TH Street
Port Huron, Michigan 48060

RE: The tariff classification of a 100% polypropylene woven fabric from China, Korea or Indonesia.

Dear Mr. Krueger:

In your letter dated November 28, 2003, on behalf of your client InterWrap Corporation, you requested a classification ruling.

The submitted sample, designated as “Ground Cover”, is woven as plain weave except each group of two filling picks is woven as one. This fabric is composed of 100% polypropylene. It is constructed using polypropylene strips that measure between approximately 1 and 3 millimeters in width and meet the dimensional requirements to be considered synthetic textile strip. Consequently, the woven fabric made from this strip is considered a synthetic textile woven fabric. The fabric contains approximately 24 strips per inch in the warp and 20 strips per inch in the filling. Weighing 84 g/m2, this product will be imported in 6.5, 12.5 and 15.5 foot widths. Your correspondence indicates that this item will be used by nurseries as ground cover to control the growth of weeds.

The applicable subheading for the woven “Ground Cover” 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 in 2003 and free of duty in 2004.

This fabric falls within textile category designation 620. Based upon international textile trade agreements products of China, Indonesia and Korea 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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