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NY N020234




December 12, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.20.0000

Debbie Piercey
Miami Valley Worldwide, Inc.
1300 East Third Street
Dayton, Ohio 45403

RE: The tariff classification of woven polypropylene fabric from China.

Dear Mr. Piercey:

In your letter dated November 14, 2007, on behalf of your client Stephen Gould Corporation, you requested a tariff classification ruling.

The sample, designated as Woven Polypropelene, is a section of tubular plain woven fabric composed of 100% polypropylene. This product is manufactured by weaving polypropylene strips that measure approximately 3 millimeters in width into seamless plain woven tubular fabric on a circular loom. As these strips measure less than 5 mm in apparent width, they are considered to be of textile for tariff purposes. Weighing 60 g/m2, the fabric will be imported in rolls with various widths ranging 12 to 16 inches when flattened. The product has been coated with a clear application of low density polypropylene; however, the coating is not visible to the naked eye. Your correspondence indicates that these products will be used to cover poles, lights, etc from receiving scratches in transit.

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;

Since the plastic coating on fabrics is 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 style Woven Polypropelene 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 fabric falls within textile category 620. 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. 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 Rosemarie Hayward at 646-733-3064.

Sincerely,

Robert B. Swierupski
Director,

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