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NY K87783





July 15, 2004
CLA-2-54:RR:NC:TA:352 K87783

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.20.0000

Mr. Steve McManus
Amoco Fabrics and Fibers Company
A BP Business Group
260 The Bluffs
Austell, Georgia 30168

RE: The tariff classification of two plain woven man-made fiber fabrics made from synthetic textile strip from Brazil>

Dear Mr. McManus:

In your letter dated July 6, 2004 you requested a classification ruling.

Two samples of woven fabric accompanied your request for a ruling. The first, designated as “Uncoated “Vitipex” Woven Crop Cover Fabric”, is an unbleached plain woven fabric composed of 100% polypropylene/polyethylene copolymer. It is manufactured from polypropylene/polyethylene copolymer strip measuring approximately 2 millimeters in apparent width. These strips meet the dimensional requirements to be considered synthetic textile strips. This product contains 10.9 strips per inch in the warp and 10.9 strips per inch in the filling. Weighing approximately 79.7 g/m2, this fabric will be imported in 310 centimeter widths. Your correspondence indicates that this product will be used to protect agricultural crops.

Style “Coated “Vitipex” Crop Cover Fabric”, is an unbleached plain woven fabric composed of 100% polypropylene/polyethylene copolymer. It is manufactured using polypropylene/polyethylene copolymer strip measuring approximately 2 millimeter in apparent width. These strips meet the dimensional requirements to be considered synthetic textile strips. This product contains 10.9 strips per inch in the warp and 10.9 strips per inch in the filling. This item has been coated with a clear application of polypropylene/polyethylene copolymer plastic which is not visible to the naked eye. Weighing approximately 118.7 g/m2, this fabric will be imported in 366 centimeter widths. Your correspondence indicates that this product will be used to protect agricultural crops.

Note 2 to Chapter 59, Harmonized Tariff Schedule of the United States, (HTS), defines the scope of heading 5903, under which textile fabrics which are coated, covered, impregnated, or laminated with plastics are classifiable. In addition, it provides guidance on the classification of combinations of textile and plastics. Note 2 states in part that heading 5903, HTS, applies to:

(a) Textile fabrics, impregnated, coated, covered or laminated with plastics, whatever the weight per square meter and whatever the nature of the plastic material (compact or cellular), other than:

(1) Fabrics in which the impregnation, coating or covering cannot be seen with the naked eye (usually chapters 50 to 55, 58 or 60): for the purposes of this provision, no account should be taken of any resulting change in color;

(2) Products which cannot, without fracturing, be bent manually around a cylinder of a diameter of 7 mm, at a temperature between 15 C and 30 C (usually chapter 39)

(3) Products in which the textile fabric is either completely embedded in plastics or entirely coated or covered on both sides with such material, provided that such coating or covering can be seen with the naked eye with no account being taken of any resulting change of color (chapter 39);

(4) Fabrics partially coated or partially covered with plastic and bearing designs resulting from these treatments (usually chapters 50 to 55, 58 or 60);

Since the plastic coating on the fabric designated as style “Coated “Vitipex” Crop Cover Fabric” is not visible to the naked eye, it is not considered a coated fabric either for the purposes of classification in heading 5903, HTS, as a plastic coated fabric of textile nor as a plastic product of chapter 39.

The applicable subheading for the two plain woven crop cover fabrics 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.

Both woven fabrics fall within textile category designation 620. Based upon international textile trade agreements products of Brazil 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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