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NY N014254




July 24, 2007

CLA-2-60:RR:NC:TA:352

CATEGORY: CLASSIFICATION

TARIFF NO.: 5903.90.3090; 6005.32.0080; 6005.32.0010; 5903.10.2500

Ms. Joyce A. Frase
Schott International, Inc.
P.O. Box 7152
Akron, Ohio 44306

RE: The tariff classification of four man-made fiber fabrics from China.

Dear Ms. Frase:

In your letter dated July 12, 2007 you requested a classification ruling.

Four samples of fabric accompanied your request for a ruling. The first, designated as style # CP-2, is a plain woven fabric composed of 100% polypropylene. It is constructed using strip measuring between 1 and 3 millimeters in apparent width. These strips meet the dimensional requirements to be considered synthetic textile strips. This fabric contains approximately 15 strips per inch in the warp and 8 strips per inch in the filling. Weighing approximately 271 g/m2, this product will be imported in either 6 or 12 meter widths. This fabric has been coated on one side with a heavy application of clear polypropylene plastic. The plastic coating is visible to the naked eye. Your correspondence indicates that this item will be used to make tarpaulins.

Style # G100 is a dyed warp knit fabric composed of 100% polyethylene. It is constructed from polyethylene monofilaments which meet the dimensional requirements to be considered synthetic textile fiber. Weighing 203.5 g/m2, this product will be imported in 244, 305 and 366 centimeter widths. The fabric was designed as shade cloth to offer protection from the sun for agricultural and horticultural products while at the same time not completely eliminating light which is necessary for plant viability. Your correspondence indicates that you will market this product both as shade cloth and for use in the manufacture of landfill and hauling tarpaulins.

Style # GR100 is a dyed warp knit open-work fabric composed of 100% polyethylene. It is constructed from polyethylene monofilaments which meet the dimensional requirements to be considered synthetic textile fiber. It is characterized by stable open meshes. Weighing 203.5 g/m2, this product will be imported in 305 and 366 centimeter widths. The fabric was designed as shade cloth to offer protection from the sun for agricultural and horticultural products while at the same time not completely eliminating light which is necessary for plant viability. Your correspondence indicates that you will market this product both as shade cloth and for use in the manufacture of landfill and hauling tarpaulins.

Style # PVC Coated Polyester Mesh is a plain woven fabric composed of 100% polyester. It has been woven using polyester multifilament yarns that have been coated with polyvinyl chloride plastic. The yarns have been heat stabilized in place after weaving. Weighing approximately 381.5 g/m2, this product will be imported in 155, 183, 224 and 236 centimeter widths.

The applicable subheading for the plain woven fabric designated as style # CP-2 will be 5903.90.3090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for textile fabrics impregnated, coated, covered or laminated with plastics, other than those of heading 5902, other, other, other. The duty rate will be 2.7 percent ad valorem.

The applicable subheading for the dyed warp knit fabric designated as style # G100 will be 6005.32.0080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for warp knit fabrics (including those made on galloon knitting machines), other than those of headings 6001 to 6004, of synthetic fibers, dyed, other, other. The duty rate will be 10 percent ad valorem.

The applicable subheading for the dyed warp knit fabric designated as style # GR100 will be 6005.32.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for warp knit fabrics (including those made on galloon knitting machines), other than those of headings 6001 to 6004, of synthetic fibers, dyed, open-work fabrics. The duty rate will be 10 percent ad valorem.

The applicable subheading for the plain woven fabric designated as style # PVC Coated Polyester Mesh will be 5903.10.2500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for textile fabrics impregnated, coated, covered or laminated with plastics, other than those of heading 5902, with poly(vinyl chloride), of man-made fibers, other, other. The duty rate will be 7.5 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/.

Style # G100 falls within textile category 222 and styles # GR100 and # PVC Coated Polyester Mesh fall within textile category 229. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. At the present time goods produced in China that fall with textile categories 222 and 229 are subject to both quota restraints and visa requirements. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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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