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NY 868644


December 3, 1991

CLA-2-54:S:N:N3H:352 868644

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.20.0000

Ms. Mary Jo Muoio
Wolf D. Barth Co. Inc.
90 West Street
New York, NY 10006

RE: The tariff classification of woven sheets of polypropylene strips laminated to a clear layer of polypropylene plastic from Argentina.

Dear Ms Muoio:

In your letter dated November 5, 1991, on behalf of your client Finora Co., Inc., you requested a tariff classification ruling.

The submitted sample is a product consisting of a plain woven fabric constructed from strips of polypropylene which has been laminated to a clear layer of polypropylene. The fabric contains approximately 8 strips per inch in the warp and 8 strips per inch in the filling. Each strip is approximately 4 millimeters in width. This item will be imported in rectangular sheets that are 56 inches long and 40 inches wide.

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. 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 plastics material (compact or cellular), other than:

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

Since the polypropylene layer on this fabric is not visible to the naked eye, it is not classifiable in heading 5903, HTS.

The applicable subheading for the polypropylene woven fabric will be 5407.20.0000, HTS, 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 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.

Sincerely,

Jean F. Maguire
Area Director

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