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NY K83887




March 11, 2004
CLA-2-TA:RR:NC:352:TA K83887

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.20.0000

Mr. Mark Kittel
Superior Brokerage Services Inc.
2600 East 81st Street
Bloomington, MN 55425

RE: The tariff classification of two plain woven fabrics constructed with 100% polypropylene strip from China and India.

Dear Mr. Kittel:

In your letter dated March 2. 2004, on behalf of your client Berg Bag Company, you requested a classification ruling.

The submitted sample, designated as both style WPP-F38 and style WPP-F41, is a plain woven fabric composed of 100% polypropylene. Your correspondence indicates that the two styles are identical in fiber content and construction and vary only as to the width of the fabric when imported. Style WPP-F38 will be imported in 96.5 centimeter widths while style WPP-F41 will be imported in 104 centimeter widths. Each fabric is constructed using polypropylene strip that measure 2 to 3 millimeters in width and meet the dimensional requirements to be considered synthetic textile strip. They contain 12 strips per inch in the warp and 11 strips per inch in the filling

The applicable subheading for the two plain woven fabrics designated as styles WPP-F38 and WPP-F41 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 the materials of heading 5404, woven fabrics obtained from strip or the like. The duty rate will be free.

Both fabrics fall within textile category designation 620. Based upon international textile trade agreements products of both India and 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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