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NY F85778





April 14, 2000

CLA-2-54:RR:NC:TA:352 F85778

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.20.0000

Ms. Charly L. Stecher
Edward M. Jones & Company
P.O. Box 68575
Seattle, WA 98188

RE: The tariff classification of 100% polyethylene woven fabric from Korea.

Dear Ms. Stecher:

In your letter dated April 6, 2000, on behalf of your client Phoenix Industrial Fabrics, you requested a classification ruling.

The submitted sample, designated in your letter as sample #4, is a plain woven fabric composed of 100% polyethylene. It is constructed with strips of polyethylene that measure approximately 2 millimeters in width. These strips meet the dimensional requirements to be considered textile strips and the fabrics woven from such strips are considered textile fabrics. This product contains 10 strips per inch in the warp and 10 strips per inch in the filling. The fabric has been coated on both sides with clear polyethylene plastic, however, the coating is not visible to the naked eye. Weighing 145 g/m2, this product will be imported in widths exceeding 30 centimeters.

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 the woven polypropylene fabric is not visible to the naked eye, it is not considered a coated fabric for the purposes of classification in heading 5903, HTS nor as a product of chapter 39 by operation of Note 2 to chapter 59.

The applicable subheading for the plain woven 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 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 Korea are subject to quota and the requirement of a visa.

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.

Sincerely,

Robert B. Swierupski
Director,

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