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NY L87798




October 5, 2005

CLA-2-54:RR:NC:TA:352 L87798

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.20.0000

Mr. Frank Roberts
Frank Roberts & Sons, Inc.
1130 Robertsville Road
Punxsutawney, PA 15767

RE: The tariff classification of three 100% polypropylene plain woven fabrics from China, Korea and India.

Dear Mr. Roberts:

In your letter dated September 23, 2005 you requested a classification ruling.

Three samples of woven fabric accompanied your request for a ruling. The first, designated as manufacturer’s style SF #001-50 (24”) importers designation GTF-CH1, is a plain woven fabric composed of 100% polypropylene. It is constructed from polypropylene strip measuring approximately 2.5 to 3 millimeters in apparent width. These strips meet the dimensional requirements to be considered synthetic textile strips. The fabric contains 9 strips per inch in the warp and 9 strips per inch in the filling. Weighing 50 g/m2, this fabric will be imported in 61 centimeter widths. In a telephone conversation with this office you have indicated that this product will be used to construct silt fences.

Manufacturer’s style SF #001-77 (36”) importers designation GTF-CH2 is a plain woven fabric composed of 100% polypropylene. It is constructed from polypropylene strip measuring approximately 2 to 2.5 millimeters in apparent width. These strips meet the dimensional requirements to be considered synthetic textile strips. The fabric contains 12 strips per inch in the warp and 12 strips per inch in the filling. Weighing 77 g/m2, this fabric will be imported in 91.44 centimeter widths. In a telephone conversation with this office you have indicated that this product will be used to construct silt fences.

Manufacturer’s style GRC- #001-8418 importers designation GTF-200 SRF is a plain woven fabric composed of 100% polypropylene. It is constructed from polypropylene strip measuring approximately 1 to 1.5 millimeters in apparent width. These strips meet the dimensional requirements to be considered synthetic textile strips. The fabric contains 25 strips per inch in the warp and 13 strips per inch in the filling. Weighing 70 g/m2, this fabric will be imported in 366 centimeter widths. In a telephone conversation with this office you have indicated that this product will be used as a ground cloth for various functions including erosion control and soil stabilization.

The applicable subheading for the three plain woven polypropylene fabrics 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.

All three fabrics 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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