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NY K83358




March 12, 2004
CLA-2-54:RR:NC:TA:352 K83358

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.20.0000

Mr. Sean Brown
Paragon Brokerage Inc.
2700 Tibbets Drive, Suite 350
Bedford, Texas 76022

RE: The tariff classification of a 100% polypropylene plain woven fabric from China.

Dear Mr. Brown:

In your letter dated February 13, 2004, on behalf of your client Rodman Excavation, you requested a classification ruling.

The submitted sample, designated as “Silt Fencing”, is a plain woven fabric composed of 100% polypropylene. This product has been constructed using polypropylene strip measuring between 2 and 3 millimeters in width. The strips meet the dimensional requirement to be considered synthetic textile strip. The fabric contains 12 strips per inch in the warp and 9 strips per inch in the filling. Weighing approximately 95 g/m2, this fabric will be imported in 91.4 centimeter widths. Your correspondence indicates that this item will be used to control erosion in the vicinity of construction sites.

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 free.

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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