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NY L89637





January 18, 2006

CLA-2-70:RR:NC:TA:352 L89637

CATEGORY: CLASSIFICATION

TARIFF NO.: 7019.59.4010

Mr. Yu C. Shek
C & B Materials Corporation
32-17 College Point Blvd.
Flushing, NY 11354

RE: The tariff classification of 100% glass fiber leno woven fabric from China.

Dear Shek:

In your letter dated December 22, 2005 you requested a classification ruling.

The submitted sample, designated as “Fiberglass Mesh”, is a leno woven fabric composed of 100% glass fiber. It has been coated with an application of acrylic plastic. The open-work fabric weighs 152 g/m2 while the acrylic coating represents approximately 15% of the total weight of the product. This fabric will be imported in 97 centimeter widths. Based on the relative weights, value and function of the various materials that comprise this item, it is the glass fiber that imparts this product with its essential character. Your correspondence indicates that this item will be used as a reinforcing scrim in the application of stucco in a variety of construction applications.

The applicable subheading for the leno woven glass fiber fabric will be 7019.59.4010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for glass fibers (including glass wool) and articles thereof (for example, yarn, woven fabrics), other woven fabrics, other, not colored, other, weighing 185 grams or less per square meter. The duty rate will be 7.3 percent ad valorem.

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 622. 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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