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NY H86057





December 11, 2001

CLA-2-63:RR:NC:N3:351 H86057

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9989

Mr. Rajiv Toprani
President
KT America, Corp.
251 Griffith St.
Jersey City, NJ 07307

RE: The tariff classification of polypropylene woven soil erosion barrier from Saudi Arabia or India.

Dear Mr. Toprani:

In your letter dated November 9, 2001, you requested a ruling on tariff classification.

You submitted a section of the polypropylene soil erosion barrier. It is a sheet woven of 3-mm polypropylene strips; strips not exceeding 5 mm in width are considered textile for tariff purposes. There are ten strips per inch in each of the warp and weft. The sheet is approximately 71” wide and you state that it will be imported on rolls in lengths of 36”, 48”, 72”, 144” and 192”. It weighs between three and six ounces per square yard and is U.V. stabilized.

The sheet features a hem at one edge, formed by folding down two inches of the fabric and sewing it down. This creates a tunnel through which a rope or rod may be inserted which facilitates hanging the sheet inside a ditch to prevent soil erosion. This hem makes the polypropylene sheet “made up” for tariff purposes.

The applicable subheading for this product will be 6307.90.9989, Harmonized Tariff Schedule of the United States (HTS), which provides for other made-up articles. The general rate of duty in 2001 and 2002 will be seven percent ad valorem.

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 Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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