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NY M80190




February 14, 2006

CLA-2-58:RR:NC:TA:352 M80190

CATEGORY: CLASSIFICATION

TARIFF NO.: 5803.90.3000

Mr. Alfred Bilezerian
Cargo Brokers International, Inc.
P.O. Box 45427
Atlanta GA 30297

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

Dear Mr. Bilezerian:

In your letter dated January 26, 2006, on behalf of your client Buck Swindle Associates, Inc., you requested a tariff classification ruling.

The submitted sample, designated as “Tree Save Safety Fencing”, is a dyed leno woven fabric composed of 100% polypropylene. It is constructed using polypropylene strip measuring approximately 1.5 millimeters in apparent width in the filling and a combination of polypropylene textile monofilament and polypropylene strip measuring approximately 0.5 to 1.5 millimeters in apparent width in the warp. Both the monofilaments and the strip meet the dimensional requirements to be considered synthetic textile materials. Weighing approximately 95 g/m2, this fabric will be imported in 120 centimeter widths. Your correspondence indicates that this product will be used in construction sites to designate trees and vegetation that will be maintained, to identify areas of possible erosion and to designate areas of danger to prevent injuries.

The applicable subheading for the leno woven fabric will be 5803.90.3000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for gauze, other than narrow fabrics of heading 5806, of man-made fibers. The rate of duty 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/. At the present time this product is subject to neither quota restraints nor visa requirements when produced in China.

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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