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NY L89076




December 28, 2005

CLA-2-54:RR:NC:TA:352 L89076

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.20.0000

Mr. John Kim
Eui Man Kim, Customs Broker
177-17 150th Avenue, Suite 203
Jamaica, NY 11434

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

Dear Mr. Kim:

In your letter dated November 29, 2005, on behalf of your client Northwest Linings & Geotextile Products, Inc., you requested a classification ruling.

The submitted sample is a dyed plain woven fabric composed of 100% polypropylene. It is manufactured from strip measuring approximately 2 millimeters in apparent width. These strips meet the dimensional requirements to be considered synthetic textile strips. The fabric contains 16 strips per inch in the warp and 12 strips per inch in the filling. Weighing approximately 220 g/m2, this product will be imported in various widths exceeding 30 centimeters. Your correspondence indicates that this item will be used as a silt fence for erosion control.

Your letter indicates that you believe that this fabric is classifiable as a plastic sheeting in heading 3920, HTS. This is not possible. Note 2(m) to chapter 39 specifically exclude textiles of Section XI from classification in chapter 39. The Explanatory Notes which have been ruled to be the official interpretation of the Harmonized Code at the international level, state in part in defining the scope of heading 3920 that “this heading also excludesstrips of plastics, of apparent widths not exceeding 5mm (Chapter54)”. Further, Heading 5404 specifically provides for synthetic strip of an apparent width not exceeding 5 mm. Therefore, based on the above, synthetic strip of an apparent width not exceeding 5 mm is considered a textile material and a fabric woven from such materials would be considered a woven fabric of synthetic textile strip classifiable in chapter 54.

The applicable subheading for the woven fabric made from polypropylene textile strip will be 5407.20.0000, Harmonized Tariff Schedule of the United States (HTSUS), 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.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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