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NY L83085




March 3, 2005

CLA-2-54:RR:NC:TA:352 L83085

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.20.0000

Ms. Kathy Helton
John S. James Co.
P.O. Box 71188
Charleston, SC 29415-1188

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

Dear Ms. Helton:

In your letter dated February 17, 2005, on behalf of your client BMB Medford, you requested a classification ruling.

The submitted sample, designated as silt fence material, is a plain woven fabric composed of 100% polyethylene. It is constructed using polyethylene strips that measure approximately 3 millimeters in width. These strips meet the dimensional requirements to be considered synthetic textile strips. This fabric contains approximately 10 strips per inch in the warp and 10 strips per inch in the filling. The product is manufactured using strips of different colors and will be imported in widths exceeding 30 centimeters. The literature that accompanied your request indicates that this material will be used for soil stabilization as well as for landscaping and gardening applications.

The applicable subheading for the plain woven polyethylene 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. This product is subject to a free rate of duty.

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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