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NY F82799

March 6, 2000

CLA-2-54:RR:NC:TA:352 F82799


TARIFF NO.: 5407.20.0000

Mr. Joseph D. Bosco
World Express Inc.
P.O. Box 489
E. Boston, MA 02128

RE: The tariff classification of 100% polypropylene tubular fabric used as a bale cover from Indonesia, Korea, China, Brazil, Thailand, Chile, Turkey, Germany or Mexico.

Dear Mr. Bosco:

In your letter dated February 15, 2000, on behalf of your client Henry W. Peabody & Co., Inc., you requested a classification ruling. The sample is being returned to you as requested.

The submitted sample, designated as item B, is a section of tubular plain woven fabric composed of 100% polypropylene. This product is manufactured by weaving polypropylene strips that measure 2 to 3 millimeters in width into seamless plain woven tubular fabric on a circular loom. The strips meet the dimensional requirements to be considered textile strips and consequently the tubular fabric is considered a textile product. Weighing approximately 200 g/m2, this fabric will be imported in 174 centimeter widths when flattened. It has been cut to 109 centimeter lengths with a hot knife which has fused it edges to prevent unraveling. This item contains 12 strips per inch in the warp and 10 strips per inch in the filling. This product has been coated on the outside surface with a layer of clear polyethylene plastic which is not visible to the naked eye. Your correspondence indicates that this item will be used to wrap hay bales.

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. In addition, it provides guidance on the classification of combinations of textile and plastics. 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 plastic material (compact or cellular), other than:

(1) Fabrics in which the impregnation, coating or covering cannot be seen with the naked eye (usually chapters 50 to 55, 58 or 60): for the purposes of this provision, no account should be taken of any resulting change in color;

(2) Products which cannot, without fracturing, be bent manually around a cylinder of a diameter of 7 mm, at a temperature between 15 C and 30 C (usually chapter 39)

(3) Products in which the textile fabric is either completely embedded in plastics or entirely coated or covered on both sides with such material, provided that such coating or covering can be seen with the naked eye with no account being taken of any resulting change of color (chapter 39);

Since the coating on this fabric is not visible to the naked eye, it is not considered a coated fabric either for the purposes of classification in heading 5903, HTS, as a coated fabric of textile nor as a plastic product of chapter 39.

The applicable subheading for the tubular fabric 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 the materials of heading 5404, woven fabrics obtained from strip or the like. The duty rate will be 6.8 percent ad valorem.

This fabric falls within textile category designation 620. Based upon international textile trade agreements products of China, Indonesia, Korea, Brazil and Thailand are subject to quota and the requirement of a visa. This product is not subject to visa requirements or quota restraints if produced in Chile, Turkey, Germany or Mexico

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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 212-637-7092.


Robert B. Swierupski

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