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NY L83565




April 6, 2005

CLA-2-54:RR:NC:TA:352 L83565

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.20.0000

Ms. Joan Yang
Bulk Sak Inc.
103 Industrial Drive
Malvern, Arkansas 72104

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

Dear Ms. Yang:

In your letter dated March 24, 2005 you requested a classification ruling.

Four samples of woven fabric accompanied your request for a ruling. The first, designated as sample A Uncoated, is a plain woven tubular fabric composed of 100% polypropylene. It is constructed using polypropylene strips measuring approximately 1 to 2 millimeters in width. These strips meet the dimensional requirements to be considered synthetic textile strips. The fabric contains 11 strips per inch in the warp and 14 strips per inch in the filling. Weighing approximately 200 g/m2, this product will be imported in a variety of widths ranging between 91 centimeters and 183 centimeters. Sample A Coated is identical in construction to sample A Uncoated except that it has been coated with a clear application of polypropylene on the outer surface. The coating is not visible to the naked eye. Weighing approximately 218 g/m2, this coated product will be imported in widths ranging between 91 centimeter and 183 centimeters.

Sample B Uncoated is a plain woven fabric composed of 100% polypropylene. It is constructed using polypropylene strip measuring approximately 2 millimeter in width. These strips meet the dimensional requirements to be considered synthetic textile strip. The fabric contains 11 strips per inch in the warp and 11 strips per inch in the filling. Weighing approximately 230 g/m2, this item will be imported in a variety of widths ranging from 91 centimeter to 183 centimeters. Sample B Coated is identical to the uncoated sample in construction and varies only in that it has been coated with a clear application of polypropylene plastic. The plastic is not visible to the naked eye. Weighing approximately 240 g/m2, this product will be imported in a variety of widths ranging between 91 and 183 centimeters.

Your correspondence also indicates that all four of these products may be imported cut to rectangles. You also state that sometimes the tubular fabric may be cut to a given length and the edge folded inward. The folds are done in preparation for further manufacture, however the folds are never hemmed in any manner. All four of the fabric types including the products cut to squares or rectangles will be used in the United States to manufacture sacks and bags of various types.

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 fabrics designated as Sample A Coated and Sample B Coated are not visible to the naked eye, these fabrics are not considered coated fabrics either for the purposes of classification in heading 5903, HTS, as coated fabrics of textile nor as plastic products of chapter 39.

The applicable subheading for the all four samples both in material lengths or cut to squares or rectangles 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.

All four fabric samples fall 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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