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NY N017124




September 27, 2007

CLA-2-55:RR:NC:TA:348

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.20.0000

Casey A. Gibson
Axis Chemical
One World Trade Center
Suite 800
Long Beach, CA 90831

RE: The tariff classification of plain woven fabric made from synthetic strip from Thailand.

Dear Mr. Gibson:

In your letter dated September 10, 2007, you requested a tariff classification ruling.

The submitted samples are identified as “Polypropylene Woven 4 x7 and Polyethylene Woven 10 x 6 mesh.” Style Polypropylene Woven 4 x 7 mesh consists of a plain woven fabric composed of clear pigmented polypropylene plastic strips measuring 3 mm in the warp and 3 mm in the weft. As these strips measure less than 5 mm in apparent width, they are considered to be of textile for tariff purposes. The fabric contains 1.57 single yarns per centimeter in the warp and 2.76 single yarns per centimeter in the filling. Weighing 93 g/m2, the fabric will be imported in rolls with various widths ranging 130 to 186 centimeters. The product has been coated with a clear application of low density polypropylene; however, the coating is not visible to the naked eye.

Style Polyethylene Woven 10 X 6 mesh consists of a plain woven fabric composed of clear pigmented polyethylene plastic strips measuring 4 mm in the warp and 4 mm in the weft measures. As these strips measure less than 5 mm in apparent width, they are considered to be of textile for tariff purposes. The fabric contains 3.94 single yarns per centimeter in the warp and 2.36 single yarns per centimeter in the filling. Weighing 109 g/m2, the fabric will be imported in rolls with various widths ranging 127 to 254 centimeters. The product has been coated with a clear application of polyethylene; however, the coating is not visible to the naked eye.

Note 2 to Chapter 59, Harmonized Tariff Schedule of the United States, (HTSUS), 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, HTSUS, 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 plastic coating on both fabrics are not visible to the naked eye, the fabrics are not considered a coated fabric either for the purposes of classification in heading 5903, HTSUS, as a coated fabric of textile or as a plastic product of chapter 39.

The applicable subheading for both of the woven fabrics 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 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 the 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 Rosemarie Hayward at 646-733-3064.

Sincerely,

Robert B. Swierupski
Director,

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