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NY L84879




May 26, 2005

CLA-2-54:RR:NC:TA:352 L84879

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.20.0000

Mr. Shane Bronston
Anchor International Trading
P.O. Box 189
Geneva, IL 60134

RE: The tariff classification of polyethylene or polypropylene plain woven fabric from China.

Dear Mr. Bronston:

In your letter dated May 13, 2005 you requested a classification ruling.

The submitted sample is a plain woven fabric composed of either 100% polyethylene or 100% polypropylene. It is manufactured from strips that measure approximately 2.5 millimeters in width. These strips meet the dimensional requirements to be considered synthetic textile strips. The fabric will be imported in varying widths ranging between 76 centimeters and 122 centimeters. The fabric has been coated on one side with a clear application of plastic, however, this plastic coating is not visible to the naked eye. Your correspondence indicates that this product will be manufactured into bags for use in the storage and marketing of a variety of materials including chemicals, bird seed, charcoal etc.

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 is not visible to the naked eye, this fabric is not considered either a coated fabric for the purposes of classification in heading 5903, HTS, as a coated fabric of textile nor as a plastic product of chapter 39.

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 materials of heading 5404, woven fabrics obtained from strip or the like. The duty rate will be free.

This product 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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