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NY M85280




August 18, 2006

CLA-2-54:RR:NC:TA:352 M85280

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.20.0000; 6307.90.9889

Mr. Alfred Bilezerian
Cargo Brokers International, Inc.
5324 Georgia Highway 85, Suite #500
Forest Park, GA 30297

RE: The tariff classification of three 100% polypropylene woven fabrics and a 100% polypropylene made up silt fence from China.

Dear Mr. Bilezerian:

In your letter dated July 14, 2006, on behalf of your client Buck Swindle Associates, Inc., you requested a classification ruling.

Three woven fabrics and a made up silt fence accompanied your request for a ruling. The item designated as “Ground Cover” style 1510 is a plain woven fabric composed of 100% polypropylene. It is constructed from polypropylene strips measuring 1 to 2 millimeters in apparent width. These strips meet the dimensional requirements to be considered synthetic textile strips. Weighing approximately 105 g/m2, this fabric will be imported in various widths exceeding 30 centimeters. Your correspondence indicates that this product will be used as a geotextile to control erosion.

The item designated as “Ground Stabilizer” style 2022 is a plain woven fabric composed of 100% polypropylene. It is constructed from polypropylene strips measuring 1 to 2 millimeters in apparent width. These strips meet the dimensional requirements to be considered synthetic textile strips. The fabric contains 20 strips per inch in the warp and 12 strips per inch in the filling. Weighing approximately 162 g/m2, this fabric will be imported in various widths exceeding 30 centimeters. Your correspondence indicates that this product will be used as a geotextile to control erosion.

The item designated as “Silt Fence” style 2098 is a woven fabric composed of 100% polypropylene. It contains 28 warp ends per inch and 19 filling picks per inch. It is constructed using a combination of polypropylene strips measuring 1 to 2 millimeters in widths and polypropylene monofilaments measuring approximately 0.3 millimeters in diameter. Both the strip and the monofilament meet the dimensional requirements to be considered synthetic textile materials. The polypropylene strip represent 65% of the fabric weight while the polypropylene monofilament represent 35% of the fabric’s weight. Weighing 218 g/m2, this product will be imported in various widths exceeding 30 centimeters. Your correspondence indicates that this product will be used as a geotextile to control erosion.

The item designated as “Silt fence” style 1215 is a made up article constructed from a woven fabric composed of 100% polypropylene. The woven fabric is constructed using a combination of polypropylene strip and polypropylene monofilament that meet the dimensional requirements to be considered synthetic textile materials. The silt fence is characterized by two pockets that run the length of the fence which have been formed by folding the fabric down along both top and bottom edges and sewing the fabric to itself forming two hems. Your correspondence indicates that this product will be used as a geotextile to control erosion.

The applicable subheading for the three fabric designated as styles 1510, 2022 and 2098 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 the materials of heading 5404, woven fabrics obtained from strip or the like. The duty rate will be free.

The applicable subheading for the silt fence designated as style 1215 will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other made up articles, including dress patterns, other, other, other, other, other. The duty rate will be 7 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/.

Styles 1510, 2022 and 2098 fall within textile category designation 620. At the present time goods produced in China that fall within this textile category designation are subject to both quota restraints and visa requirements. 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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