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NY G83894

November 6, 2000

CLA-2-54:RR:NC:TA:352 G83894


TARIFF NO.: 5407.20.0000

Ms. Ruth Pringle
R & R Pringle Ranch
130 East Allan Road
Naches, Washington 98937

RE: The tariff classification of polypropylene woven fabric from New Zealand or Scotland.

Dear Ms. Pringle:

In your letter dated October 26, 2000 you requested a tariff classification ruling.

The submitted sample, designated as style “Extenday”, is a plain woven fabric composed of 100% polypropylene. It is constructed of strips that measure approximately 3 millimeters in width in the warp direction and 3.5 millimeters in width in the filling direction. This product contains approximately 9 strips per inch in the warp and 8 strips per inch in the filling. Weighing approximately 107 g/m2, this fabric will be imported in a variety of widths ranging from 50 to 400 centimeters. The polypropylene strips used to weave this product meet the dimensional requirements to be considered textile strips for the purposes of the Harmonized Tariff Schedules. Therefore, since this item is woven from a textile material it is considered a woven fabric of textile. Your letter indicates that this fabric will be used as a reflective cloth to increase the amount of light that reaches the trees and fruit in orchards.

Your correspondence indicates that you believe that this product qualifies for a free rate of duty under the provision for machinery, equipment and implements to be used for agricultural or horticultural purposes in subheading 9817.00.5000 of the Harmonized Tariff Schedules of the United States. This is not possible. U.S. Note 2 to Subchapter XVII states in part:

The provisions of headings 9817.0050 and 9817.00.60 do not apply to:
articles of textile material;

Since the product that you intend to import is a textile material, it is precluded from classification in subheading 9817.00.50 by operation of U.S. Note 2 to Subchapter XVII.

The applicable subheading for the woven fabric designated as “Extenday” 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 rate of duty will be 6.8 percent ad valorem.

You have not provided sufficient information for us to rule on the rubber cords or claws used in conjunction with the “Extenday” fabric. If you wish a ruling on these items please supply a sample of each item along with diagrams and a complete description of how the items function. In addition, identify the component materials of each of the items including the type of rubber used to manufacture the cords.

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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