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NY M80993




March 22, 2006

CLA-2-70:RR:NC:TA:352 M80993

CATEGORY: CLASSIFICATION

TARIFF NO.: 7019.40.4060

Ms. Marsha Tucker Morrison
Elmer’s Products, Inc.
121 Anna Drive
Statesville, NC 28625

RE: The tariff classification of glass fiber plain woven fabric from China.

Dear Ms. Morrison:

In your letter dated March 5, 2006 you requested a classification ruling.

The submitted sample, designated as item E764, is a plain woven fabric composed of 100% glass fiber. It has been cut into a rectangle measuring approximately 83.6 centimeters by 100 centimeters. Weighing 200 g/m2, this product has been constructed wholly of glass rovings. These glass rovings have a silica content of approximately 55%. Your correspondence indicates that this product will be marketed for the repair of holes and cracks in pools, boats, campers, snowmobiles and cars.

Your letter also makes reference to item 20-173 which is said to be identical to item E764 in composition and structure and varies only in size. This product will be imported in 100 centimeter widths on rolls which will be cut to the appropriate size for the designated repair job.

The applicable subheading for the two glass fiber plain woven fabrics designated as items E764 and 20-173 will be 7019.40.4060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for glass fibers (including glass wool) and articles thereof (for example, yarn, woven fabrics), woven fabrics of rovings, other, not colored, other, other. 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/.

Both plain woven fabrics designated as items E764 and 20-173 fall 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.

Your inquiry does not provide enough information for us to give a classification ruling on item E763. Your request for a classification ruling should include a sample measuring 18” X 18” as well as a full description of how this product is produced including the mechanism used to hold the fiber web together. In addition, please provide the weight of the product in grams per square meter as well as the dimensions of the product in the condition as imported. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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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