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NY 869153

December 6, 1991
CLA-2-59:S:N:N3H:350 869153


TARIFF NO.: 5906.99.2500

Mr. Jimmy Montgomery
Montgomery International Inc.
223 S. Gov. Printz Blvd.
P.O. Box 124
Essington, PA 19029-0124

RE: The tariff classification of rubberized geotextile materials known as "bitutex", from Germany.

Dear Mr. Montgomery:

In your letter which was logged in on November 27, 1991, you requested a tariff classification ruling.

The merchandise at issue, which was the subject of a previous binding ruling (867048), consists of open mesh fabrics of woven construction that have been coated and impregnated with a latex rubber. Three representative samples were submitted and identified as styles 131.138, 131.140 and 131.128. We note, per your current letter that the yarns of the substrate fabrics are polyester man-made fibers, and not "glass" as was inferred from your previous correspondence. We note, per our recent correspondence, that this latex coating imparts a black color to the fabrics and accounts for 10 percent of the total weight. The weights of the three fabrics submitted with your inquiry were either 240 or 245 grams per square meter. These fabrics are used to reinforce bituminous concrete in the construction of highways.

The applicable subheading for the material will be 5906.99.2500, Harmonized Tariff Schedule of the United States (HTS), which provides for rubberized textile fabrics, other than knitted or crocheted, of man-made fibers, not over 70 percent by weight of rubber or plastics. The rate of duty will be 8.5 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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