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NY C83326

January 20, 1998

CLA-2-54:RR:NC:TA:352 C83326


TARIFF NO.: 5407.20.0000

Mr. Ashwin Kothari
Harisko Enterprises, Inc.
5 Brooklet Drive
Wilmington, DE 19810

RE: The tariff classification of 100% polyethylene woven fabric manufactured with textile strip from India.

Dear Mr. Kothari:

In your letter dated January 2, 1997 you requested a classification ruling.

The submitted sample is a plain woven fabric composed of 100% polyethylene. It is constructed using polyethylene strips that measure approximately 3 millimeter in width. The fabric contains 10 strips per inch in the warp and 10 strips per inch in the filling. This product will be imported in rectangular sheets that measure 20 feet wide by 100 feet long. The woven fabric has been coated on both sides with clear polyethylene that is not visible to the naked eye.

Note 2 to Chapter 59, Harmonized Tariff Schedule of the United States,(HTS),defines the scope of heading 5903, under which textile fabrics which are coated, covered, impregnated, or laminated with plastics are classifiable. Note 2 states in part 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 nature of the plastics 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 in color;

Since the clear plastic coating the woven polyethylene woven sheet is not visible to the naked eye, it would not be considered coated for the purposes of classification in heading 5903, HTS.

The applicable subheading for the woven polyethylene sheets will be 5407.20.0000, Harmonized Tariff Schedule of the United States (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 10.2 percent ad valorem.

This product falls within textile category designation 620. Based upon international textile trade agreements products of India are subject to quota and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. 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 Part 177 of the Customs Regulations (19 C.F.R. 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 Alan Tytelman at 212-466-5896.


Robert B. Swierupski

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