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NY L88531





November 2, 2005

CLA-2-58:RR:NC:TA:352 L88531

CATEGORY: CLASSIFICATION

TARIFF NO.: 5803.90.3000

Ms. Florence Lam
Marubeni America Corporation
450 Lexington Avenue, 36th Floor
New York, NY 10017-3984

RE: The tariff classification of a 100% polypropylene leno woven fabric from China.

Dear Ms. Lam:

In your letter dated October 21, 2005 you requested a classification ruling.

The submitted sample, designated as style PP1, is an unbleached leno woven fabric composed of 100% polypropylene. It contains 6.7 strips per centimeter in the warp and 2.7 single yarns per centimeter in the filling. The warp is constructed with polypropylene strips measuring approximately 1 millimeter in apparent width while the filling is constructed of multifilament polypropylene yarns. The polypropylene strips used in the warp of this fabric meet the dimensional requirements to be considered synthetic textile strip. Weighing 65 g/m2, this product will be imported in 385 centimeter widths. Your correspondence indicates that this fabric will be used as carpet backing.

The applicable subheading for the leno woven fabric designated as style PP1 will be 5803.90.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for gauze, other than narrow fabric of heading 5806, of other textile materials, of man-made fibers. The duty rate will be free.

This fabric falls within textile category designation 220. 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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