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NY 862783

May 10, 1991

CLA-2-39:S:N:N3H:350 862783


TARIFF NO.: 3921.90.1500; 5407.60.2015; 5907.00.9090

Mr. Jackson H. Daniel, Jr.
1122 Morrison Drive
P.O. Box 20550
Charleston, SC 29413-0550

RE: The tariff classification of three textile fabrics for certain industrial applications, from Germany.

Dear Mr. Daniel:

In your letters dated March 25, and April 23, 1991, you requested a tariff classification ruling.

Three representative samples were submitted. The first item (Fortrac 55) is a geogrid material which is designed to be used in soil reinforcement. It consists of an open leno woven construction composed of 100% high tenacity polyester yarns that have been coated and impregnated with a PVC plastic which you state will vary from 20 to 30 percent by weight of the total weight of the final fabric. Four samples of this style was submitted with your inquiry with mesh sizes varying from approximately .375" to .75". The second item (Hatelit) is similar in construction to the first, except that the coating and impregnating substance is a bitumenous compound. The instant sample has a mesh size measuring about 1.25" and is to be used as a grid underlay in asphalt paving of highways and other surfaces. The third and final item (Stabilenka 200) consists of a woven fabric composed of non-textured, high tenacity polyester filament yarns. The tenacity of such yarns is approximately 6 grams per denier and the fabric weighs about 450 grams/sq./mtr. (12 ounces per square yard). This material is used for soil reinforcing around earthern dams and other areas where soft soil is prevalent.

The applicable subheading for the first item (Fortrac 55) will be 3921.90.1500, Harmonized Tariff Schedule of the United States (HTS), which provides for other plates, sheets, film, foil and strip, of plastics, combined with textile materials and weighing not more than 1.492 kg/sq./mtr., products with textile components in which man-made fibers predominate by weight over any other single textile fiber, not over 70 percent by weight of plastics. The rate of duty will be 8.5 percent ad valorem. The second item (Hatelit) is classifiabele in item 5907.00.9090, HTS, which provides for textile fabrics otherwise impregnated, coated or covered, of other than vegetable fibers. The duty rate is 5.8 percent ad valorem. The third and final item (Stabilenka 200) is classifiable in item 5407.60.2015, HTS, which provides for woven fabrics of synthetic filament yarn, containing 85 percent or more of non-textured polyester filaments, unbleached or bleached and weighing more than 170 gms./sq./mtr. The duty rate is 17 percent ad valorem.
This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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