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NY H86264




January 3, 2002

CLA-2-55:RR:NC:N3:351 H86264

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.20.0000, 5806.32.2000

Mr. Geoffrey J. Wong
Southern Equipment & Supplies Corp.
797 W. 18th Street
Hialeah, FL 33010

RE: The tariff classification of polypropylene fabrics and narrow fabrics coated with polyethylene from Indonesia, Taiwan and China.

Dear Mr. Wong:

In your letter dated December 4, 2001, you requested a ruling on tariff classification.

You submitted five (5) samples of polypropylene fabric. All are woven of polypropylene strips; the strips do not exceed 5 mm in apparent width. It is stated that all are coated with polyethylene. All have a clear coating not visible to the naked eye. This ruling is limited to the samples submitted, all with a clear coating. The five are described in your letter as follows:

Exhibit A: woven fabric, 6.5 oz./sq. yard. You note that, while the sample submitted is beige, it may also be imported in white or any color specified by the buyer. As the classification may vary depending on whether the color is created by the fabric or by the coating, we are restricting our ruling to the beige sample at hand.

B: 3.0 oz./sq. yd.; circular woven tubular fabric.

C, D, and E are narrow fabrics: 2½” wide, 2”, and ½”, respectively.

Your inquiry suggests that all of the fabrics are classifiable in Chapter 39, Harmonized Tariff Schedules of the United States (HTS). This is not correct. Note 2 to Chapter 59, HTS, defines the scope of heading 5903, under which textile fabrics which are coated, covered, impregnated, or laminated with plastics are classifiable. It also provides guidance on the classification of combinations of textile and plastics. Note 2 states in pertinent part that heading 5903 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 [emphasis added]:

(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 . . .;

(3) Products in which the textile fabric is either completely embedded in plastics or entirely coated or covered on both sides [emphasis added] 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 these fabrics is not visible to the naked eye, it is not considered a coated fabric for the purposes of classification in either heading 5903 as a coated fabric of textile, or as a plastic product of chapter 39.

The applicable subheading for the beige fabric, A, and the tubular fabric, B, will be 5407.20.0000, 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 in 2002 will be 3.4 percent ad valorem.

The applicable subheading for the narrow woven fabrics, C, D, and E, will be 5806.32.2000, HTS, which provides for narrow woven fabrics . . .; other woven fabrics; of man-made fibers; other. The rate of duty in 2002 will be 6.4 percent ad valorem.

Merchandise classified in subheading 5407.20.0000 falls within textile category designation 620. Based upon international textile trade agreements, products of Indonesia, Taiwan, and China that fall within category 620 are subject to quota and the requirement of a visa.

Merchandise classified in subheading 5806.32.2000 falls within textile category designation 229. Based upon international textile trade agreements, products of Indonesia, Taiwan, and China that fall within category 229 are not subject to quota or 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 Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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