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NY L80163




October 14, 2004

CLA-2-70:RR:NC:TA:352 L80163

CATEGORY: CLASSIFICATION

TARIFF NO.: 7019.52.9010

Mr. Howard Dehner
Pool & Screens, Inc.
558 S. Highway 17-92
Debary, FL 32713

RE: The tariff classification of a glass fiber plain woven fabric from China.

Dear Mr. Dehner:

In your letter dated September 27, 2004 you requested a tariff classification ruling.

The submitted sample, designated as insect screening, is a dyed plain woven fabric manufactured using glass fiber yarns which have been coated with polyvinyl chloride plastic. The plastic coated yarns are woven into a fabric and heat stabilized in place forming a fabric with a consistent and stable open-work mesh. The plastic covering the fiberglass yarns has been colored black. Weighing approximately 166 g/m2, this fabric will be imported in various widths ranging from 36 inches to 108 inches. It contains 7.1 single yarns per centimeter in the warp and 5.9 single yarns per centimeter in the filling. Your correspondence indicates that this product will be used in the manufacture of insect screening.

The fiber glass imparts this product with its strength, rot resistance, mold resistance and fire resistance while the plastic coating allows the product to be heat stabilized and colored more easily. You have indicated that the glass fiber represents approximately 60% of the value of this item and the plastic 40% of the value of this product. Based on the relative values, quantities and function of the various components that form this fabric, there is no single material that imparts this item with its essential character. Each of the materials lends the product unique characteristics necessary for its intended function as insect screening. Consequently, this fabric is classifiable in the heading which appears last in numerical order among those that equally merit consideration.

The applicable subheading for the plain woven fabric designated as insect screening will be 7019.52.9010, Harmonized Tariff Schedule of the United States (HTS), which provides for glass fibers (including glass wool) and articles thereof (for example, yarn woven fabrics), other woven fabrics, of a width exceeding 30 centimeters, plain weave, weighing less than 250 g/m2, of filaments measuring per single yarn not more than 136 tex, colored, other, weighing 185 grams or less per square meter. The rate of duty will be 7 percent ad valorem.

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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