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NY L81027




December 1, 2004

CLA-2-54:RR:NC:TA:352 L81027

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.20.0000

Ms. Tracy Sauers
Samuel Shapiro & Company, Inc.
6001 Chatham Center Drive
Suite 130
Savannah, GA 31405

RE: The tariff classification of a 100% polypropylene plain woven fabric from India or Korea.

Dear Ms. Sauers:

In your letter dated November 20, 2004, on behalf of your client DDD Erosion Control, Inc., you requested a classification ruling.

The submitted sample is a plain woven fabric composed of 100% polypropylene. It is constructed using polypropylene strips that measure approximately 2.5 millimeters in width. These strips meet the dimensional requirements to be considered synthetic textile strips and consequently the fabric woven from these strips is considered a fabric of synthetic textile material. Weighing approximately 86 g/m2, this item will be imported in 91.5 centimeter widths. Your correspondence indicates that this product will be used for erosion control on construction sites and on farms.

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 the 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. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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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