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NY 893925

February 1, 1994

CLA-2-59:S:N:N6:350 893925


TARIFF NO.: 5903.90.2500

Mr. John W. Cain
Cain Customs Brokers
Texano Industrial Park
415 S. Industrial
P.O. Box 150
Hidalgo, TX 78557

RE: The tariff classification of a laminated fabric for use in the manufacture of bags for shipping produce, from Mexico.

Dear Mr. Cain:

In your letter dated January 10, 1994, on behalf of Kenneth Fox Supply, McAllen, Texas, you requested a classification ruling.

The instant sample, marked "Polynal", which is the name of the manufacturer, consists of an open mesh leno woven fabric (about 3/16" open meshes) composed of polypropylene textile strips (man-made fibers). There is a visible thin plastic film, believed to be polypropylene, 8 inches wide, centered and laminated longitudinally along the length of the material. This plastic film does not appear to comprise over 70 percent by weight of the total weight of the material. There is a drawstring (black) of a narrow, 1/2 inch wide woven fabric of polypropylene textile strip approximately 1.5 inches from one selvage which was woven in during the construction of the fabric. You indicate in your letter that this material will be imported in rolls measuring about 32 inches wide and 1,700 yards long. This cloth is for use in the manufacture of bags for shipping onions, oranges, grapefruits and carrots, etc.

The applicable tariff provision for the material will be 5903.90.2500, Harmonized Tariff Schedule of the United States (HTS), which provides for textile fabrics impregnated, coated, covered or laminated with plastics, of man-made fibers, not over 70 percent by weight of rubber or plastics. The general rate of duty will be 8.5 percent ad valorem.

Textile merchandise which does not qualify as "originating" under the North American Free Trade Agreement (NAFTA), but which has been processed or further produced in Mexico and exported from that country, may be subject to quantitative export or import limitations based upon international trade agreements. The merchandise described in this ruling falls within textile category designation 229.

Since quota and visa restrictions are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

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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