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NY J83367




May 2, 2003

CLA-2-54:RR:NC:TA:352 J83367

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.20.0000

Ms. Beth Ring
Sandler, Travis & Rosenberg, P.A.
The Waterford
5200 Blue Lagoon Drive
Miami, FL 33126-2022

RE: The tariff classification of six woven fabrics of synthetic man-made fiber strip from Belgium.

Dear Ms. Ring:

In your letter dated April 14, 2003, on behalf of your client Fabricut, Inc., you requested a tariff classification ruling. The samples are being returned as requested.

Six samples of woven fabric accompanied your request for a ruling. The sample designated as style Faby color 21 Mocha, is a dyed woven fabric composed of 100% polyethylene. It is constructed from polyethylene strips that measure between 1 and 2 millimeters in apparent width and meet the dimensional requirements to be considered synthetic strip. The fabric is characterized by a complex weave. It contains 8 strips per centimeter in the warp and 12 strips per centimeter in the filling. Weighing 290 g/m2, this fabric will be imported in 147 centimeter widths. Your correspondence indicates that this product has been coated on one side with plastic, however, the coating is not visible to the naked eye. This item will be used to upholster furniture, to manufacture vertical blinds and in the manufacture of other home furnishings.

Style Strawy color 04 Macaroon, is a woven fabric manufactured with strips of different colors and is composed of 100% polyethylene. It is constructed from polyethylene strips that measure between 1 and 2 millimeters in apparent width and meet the dimensional requirements to be considered synthetic strip. The fabric is characterized by a complex weave featuring a maze-like geometric design. It contains 28 strips per centimeter in the warp and 15 strips per centimeter in the filling. Weighing 260 g/m2, this fabric will be imported in 147 centimeter widths. Your correspondence indicates that this product has been coated on one side with plastic, however, the coating is not visible to the naked eye. This item will be used to upholster furniture, to manufacture vertical blinds and in the manufacture of other home furnishings.

Style Plainy color 22 Cappuccino, is a dyed woven fabric composed of 100% polyethylene. It is constructed from polyethylene strips that measure between 2 and 3 millimeters in apparent width and meet the dimensional requirements to be considered synthetic strip. The fabric is characterized by a plain weave. It contains 10 strips per centimeter in the warp and 8 strips per centimeter in the filling. Weighing 386 g/m2, this fabric will be imported in 147 centimeter widths. Your correspondence indicates that this product has been coated on one side with plastic, however, the coating is not visible to the naked eye. This item will be used to upholster furniture, to manufacture vertical blinds and in the manufacture of other home furnishings.

Style Designy color 06 Almond, is a woven fabric manufactured with strips of different colors and is composed of 100% polyethylene. It is constructed from polyethylene strips that measure between 1 and 2 millimeters in apparent width and meet the dimensional requirements to be considered synthetic strip. The fabric is characterized by a complex weave featuring a intricate design. It contains 28 strips per centimeter in the warp and 15 strips per centimeter in the filling. Weighing 260 g/m2, this fabric will be imported in 147 centimeter widths. Your correspondence indicates that this product has been coated on one side with plastic, however, the coating is not visible to the naked eye. This item will be used to upholster furniture, to manufacture vertical blinds and in the manufacture of other home furnishings.

Style Shady color 08 Rainbow, is a woven fabric manufactured with strips of different colors and yarns of different colors and is composed of 62% polyethylene, 19% polyester and 19% cotton. It is constructed from polyethylene strips that measure between 1 and 3 millimeters in apparent width and meet the dimensional requirements to be considered synthetic strip as well as from cotton and polyester yarns. The fabric is characterized by a complex weave featuring an intricate design. It contains 15 strips per centimeter in the warp and 20 strips per centimeter in the filling. Weighing 450 g/m2, this fabric will be imported in 147 centimeter widths. Your correspondence indicates that this product has been coated on one side with plastic, however, the coating is not visible to the naked eye. This item will be used to upholster furniture, to manufacture vertical blinds and in the manufacture of other home furnishings.

Style Raffy color 01 Mocha, is a woven fabric manufactured with strips of different colors and is composed of 76% polypropylene and 24% polyethylene. It is constructed from olefin strips that measure between 1 and 3 millimeters in apparent width and meet the dimensional requirements to be considered synthetic strip. The fabric is characterized by a complex weave featuring an intricate design. It contains 15 strips per centimeter in the warp and 20 strips per centimeter in the filling. Weighing 540 g/m2, this fabric will be imported in 147 centimeter widths. Your correspondence indicates that this product has been coated on one side with plastic, however, the coating is not visible to the naked eye. This item will be used to upholster furniture, to manufacture vertical blinds and in the manufacture of other home furnishings.

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);

(4) Fabrics partially coated or partially covered with plastic and bearing designs resulting from these treatments (usually chapters 50 to 55, 58 or 60);

Since the coating or impregnation on the fabrics designated as styles Faby, Stawy, Plainy, Designy, Shady and Raffy is not visible to the naked eye , these fabrics are not considered coated fabrics either for the purposes of classification in heading 5903, HTS, as coated fabrics of textile nor as plastic products of chapter 39.

The applicable subheading for the six woven fabrics designated as styles Faby, Strawy, Plainy, Designy, Shady and Raffy 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 1.7 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 Alan Tytelman at 646-733-3045.

Sincerely,

Robert B. Swierupski
Director,

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