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NY K82193




January 8, 2004

CLA-2-58:RR:NC:TA:352 K82193

CATEGORY: CLASSIFICATION

TARIFF NO.: 5803.90.3000

Mr. Richard Dougherty
FedEx Trade Networks
501 Elmwood Avenue
Elmwood Court II
Sharon Hill, PA 19079-1033

RE: The tariff classification of two polyethylene woven fabrics from Taiwan.

Dear Mr. Dougherty:

In your letter dated December 22, 2003, on behalf of your client D.C. Humphrys & Sons Inc., you requested a tariff classification ruling.

Two samples of woven fabric accompanied your request for a ruling. The first, designated as style “Tennis Barrier”, is a leno woven fabric composed of 100% polyethylene. It is characterized by having been constructed with polyethylene monofilaments in the filling and a combination of polyethylene monofilaments and polyethylene strip in the warp. The polyethylene strip, measuring approximately 1 millimeter in width, meet the dimensional requirements to be considered textile strip. Weighing 170 g/m2, this product will be imported in 180 centimeter widths. Your correspondence indicates that this fabric will be used to construct privacy barriers around tennis courts.

The applicable subheading for the leno woven fabric designated as style “Tennis Barrier” will be 5803.90.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for gauze, other than narrow fabrics of heading 5806, of other textile materials, of man-made fibers. The duty rate will be free.

The fabric designated as style “Tennis Barrier” falls within textile category designation 220. Based upon international textile trade agreements products of Taiwan 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.

Your inquiry does not provide enough information for us to give a classification ruling on the plain woven fabric designated as style “PE100”. Your request for a classification ruling should include the relative weight of the flat strip and the monofilament separately. In addition, please supply a sample at least 18” X 18” including one selvage. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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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