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NY A81192

April 9, 1996
CLA-2-56:RR:NC:TP:350 A81192


TARIFF NO.: 5602.10.9090; 6307.90.9989

Ms. Danielle Blake
John V. Carr & Son Inc.
6 Maple Street
P.O. Box 307
Derby Line, VT 05830

RE: The tariff classification of a needleloom felt landscaping fabric and a root control product manufactured from the same material, from Canada.

Dear Ms. Blake:

In your letter dated March 5, 1996, on behalf of Texel Inc., Quebec, Canada, you requested a tariff classification ruling. The first item, identified as TEX-R PRO SP, consists of a 100 percent polypropylene needleloom fabric that has been treated with a resinous coating which noticeably stiffens the fabric. The application of this resin does not result in the fibrous nature of the material being lost. Additionally, a herbicide identified as "Spin Out" has been incorporated into the resin in powder form. We note, per a recent telephone conversation, that this herbicide was supplied by Griffin Corporation, Valdosta, GA. This material is presumably being imported in continuous lengths. The end use of this material is for landscaping, i.e., for surface germination control against weeds.

You also supplied us with a cut section of another article that you intend to import. This product, identified in your letter as TEX-R AGROLINER SP, consists of the same material after it has been sewn into different shapes such as bags of either conic, rectangular (presumed three dimensional-not flat sheets having a draw string to close together) or triangular configuration. A thread composed of 100 percent polyester man-made fibers was submitted to illustrate the material that will be used to stitch the finished bags together. These bags will be used in root control systems to prevent both structural root circling as well as the emergence of feeder roots through the bag during production.

The applicable tariff provision for the fabric will be 5602.10.9090, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for needleloom felt and stitch-bonded fiber fabrics, of other than wool or fine animal hair. The general rate of duty will be 12.1 percent ad valorem. The applicable tariff provision for the bags made of the aforementioned material will be 6307.90.9989 which provides for other made-up articles.... The general rate of duty is 7 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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 George Barth at 212-466-5884.


Roger J. Silvestri

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