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NY 891702




November 19, 1993

CLA-2-54:S:N:N6:352 891702

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.20.0000

Mr. Rafael Quiroz, Jr.
International Customs Services
7100 San Bernardo
Laredo, TX 78044

RE: The tariff classification of polypropylene woven fabric from Mexico.

Dear Mr. Quiroz:

In your letter dated October 20, 1993, on behalf of your client Marino Technologies, Inc., you requested a classification ruling.

You have submitted a representative sample of plain woven fabric that is composed of 100% polypropylene. This merchandise is woven with polypropylene strips that measure approximately 2 millimeters (mm) in width. Your correspondence indicates the fabric is laminated with clear polypropylene. Your letter of inquiry states you intend to import three different weights of this material. All three fabrics include coating that weighs approximately 21 g/m2. The fabric designated as No. 1, weighs 112 g/m2, and contains 10.2 strips per inch in the warp and 10.2 strips per inch in the filling. Fabric No. 2, weighs 271 g/m2 and it contains 12 strips per inch in the warp and 11.2 strips per inch in the filling. Fabric No. 3, weighs 298 g/m2 and it contains 13 strips per inch in the warp and 13 strips per inch in the filling.

Your correspondence further states that in your opinion this merchandise should be classified under Harmonized Tariff Schedules of the United States (HTS), 5903.90.2500.

Note 2 to Chapter 59, HTS, defines the scope of heading 5903, under which textile fabrics which are coated, covered, impregnated, or laminated are classifiable. Note 2 states 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 weight of the plastic 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 of color;

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

The applicable subheading for the three different weights of 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 duty rate will be 17 percent ad valorem.

These woven fabrics fall within textile category designation 620. Based upon international textile trade agreements, products of Mexico are subject to visa requirements.

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
Area Director

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