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NY 889925




September 22, 1993

CLA-2-56:S:N:N6:350 889925

CATEGORY: CLASSIFICATION

TARIFF NO.: 5603.00.9070

Mr. Rudy Corral
Rodolfo Corral Inc.
8621 Bellanca Avenue, Suite 215
Los Angeles, CA 90045

RE: The tariff classification of polypropylene spunbonded nonwoven material, for use as cover stock in quilted fabrics, from either Brazil or Venezuela.

Dear Mr. Corral:

In your letter dated August 27, 1993, on behalf of L.A. Quilting, you requested a classification ruling. Two manufacturers were indicated: 1) Kami Industria (Brazil) and 2) Polytex (Venezuela).

Several samples were submitted that range in weight from 17 to 100 gr/m2. The literature indicates that these materials can be supplied in widths up to 2,400mm.

You believe classification under HTS 3920.20.0000, which covers plates, sheets and film of polymers of propylene, is proper based on the accompanying letter from Kami. This letter describes how polypropylene chips are heated to a viscous state, forced through spinnerettes forming continuous filaments that are cooled by air, then stretched to thicknesses between 1.8 and 2.2 deniers. The filaments are built up into a web on a conveyor and moved to a point bonding calender. This process exactly describes the making of man-made textile fibers and the construction of a nonwoven textile fabric. Heading 3920 covers the classification of contiguous plastic films or sheets, not textile fabric. Attached, for your information, is a copy of a page from the Explanatory Notes, which describes how nonwoven textile fabrics are produced.

The applicable subheading for these materials, therefore, will be 5603.00.9070, Harmonized Tariff Schedule of the United States (HTS), which provides for nonwovens, whether or not impregnated, coated, covered or laminated, of filaments. The duty rate will be 12.5 percent ad valorem.

This merchandise falls within textile category designation 223. Based upon international textile trade agreements, products of Brazil are subject to a visa requirement. There are no textile restraints for this merchandise if imported from Venezuela.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories 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.

Sincerely,

Jean F. Maguire
Attachment Area Director

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