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NY M87752




November 30, 2006

CLA-2-54:RR:NC:TA:352 M87752

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.20.0000

Mr. Rajiv Toprani
KT America Corp.
2650 US Highway 130, Suite I
Cranbury, NJ 08512

RE: The tariff classification of five 100% polypropylene plain woven fabrics made from synthetic textile strip from India.

Dear Mr. Toprani:

In your letter dated October 26, 2006 you requested a tariff classification ruling.

Five samples of woven fabric accompanied your request for a ruling. The first, designated as style KT16 ”Woven Silt Fence”, is a plain woven fabric composed of 100% polypropylene. It is constructed from polypropylene strip measuring approximately 3 millimeters in width. These strips meet the dimensional requirements to be considered synthetic textile strips. This fabric contains 3.5 strips per centimeter in the warp and 3.5 strips per centimeter in the filling. Weighing 65 g/m2, this product will be imported in 91 centimeter widths. Your correspondence indicates that this item will be used in the production of silt fences to control erosion.

Style KT16 ”Woven Ground Cover” is a plain woven fabric composed of 100% polypropylene. It is constructed from polypropylene strip measuring approximately 3 millimeters in width. These strips meet the dimensional requirements to be considered synthetic textile strips. This fabric contains 6.3 strips per centimeter in the warp and 3.9 strips per centimeter in the filling. Weighing 108 g/m2, this product will be imported in various widths ranging from 91 centimeters to 457 centimeters. Your correspondence indicates that this item will be used as ground cover to control erosion and prevent unwanted weed growth.

Style KT16 ”Woven Geo Textile” is a plain woven fabric composed of 100% polypropylene. It is constructed from polypropylene strip measuring approximately 2 millimeters in width. These strips meet the dimensional requirements to be considered synthetic textile strips. This fabric contains 6.3 strips per centimeter in the warp and 4.9 strips per centimeter in the filling. Weighing 220 g/m2, this product will be imported in various widths ranging from 381 centimeters to 533 centimeters. Your correspondence indicates that this item will be used as a geo textile in the construction industry to stabilize soil.

Style KT17 ”Woven Carpet Backing” is a plain woven fabric composed of 100% polypropylene. It is constructed from polypropylene strip measuring approximately 1.2 millimeters in width. These strips meet the dimensional requirements to be considered synthetic textile strips. This fabric contains 8.7 strips per centimeter in the warp and 7 strips per centimeter in the filling. Weighing 85 g/m2, 135 g/m2 or 160 g/m2 this product will be imported in various widths ranging from 381 centimeter to 472 centimeters. Your correspondence indicates that this item will be used as carpet backing.

Style KT18 ”Woven Coated Fabric” is a plain woven fabric composed of 100% polypropylene. It is constructed from polypropylene strip measuring approximately 2 millimeters in width. These strips meet the dimensional requirements to be considered synthetic textile strips. This fabric contains 4.7 strips per centimeter in the warp and 4.7 strips per centimeter in the filling. One side of the fabric has been coated with an application of clear polypropylene, however the coating is not visible to the naked eye. Weighing 135 g/m2, 170 g/m2, 200 g/m2, 237 g/m2 or 270 g/m2 this product will be imported in various widths ranging from 81 centimeters to 122 centimeters. Your correspondence indicates that this item will be used to manufacture bags.

Note 2 to Chapter 59, Harmonized Tariff Schedule of the United States, (HTS), defines the scope of heading 5903, under which textile fabrics which are coated, covered, impregnated, or laminated with plastics are classifiable. In addition, it provides guidance on the classification of combinations of textile and plastics. Note 2 states in part that heading 5903, HTS, applies to:

(a) Textile fabrics, impregnated, coated, covered or laminated with plastics, whatever the weight per square meter and whatever the nature of the plastic material (compact or cellular), other than:

(1) Fabrics in which the impregnation, coating or covering cannot be seen with the naked eye (usually chapters 50 to 55, 58 or 60): for the purposes of this provision, no account should be taken of any resulting change in color;

(2) Products which cannot, without fracturing, be bent manually around a cylinder of a diameter of 7 mm, at a temperature between 15 C and 30 C (usually chapter 39)

(3) Products in which the textile fabric is either completely embedded in plastics or entirely coated or covered on both sides with such material, provided that such coating or covering can be seen with the naked eye with no account being taken of any resulting change of color (chapter 39);

(4) Fabrics partially coated or partially covered with plastic and bearing designs resulting from these treatments (usually chapters 50 to 55, 58 or 60);

Since the clear plastic coating on the fabric designated as style KT18 “Woven Coated Fabric” is not visible to the naked eye, this fabric is not considered a coated fabric either for the purposes of classification in heading 5903, HTS, as a coated fabric of textile nor as a plastic product of chapter 39.

The applicable subheading for the five plain woven polypropylene fabrics designated as KT16 “Woven Silt fence”, KT16 “Woven Ground Fabric”, KT16 “Woven Geo Textile”, KT17 “Woven Carpet Backing” and KT18 “Woven Coated Fabric” 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 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/.

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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