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NY K84222

March 17, 2004
CLA-2-54:RR:NC:TA:352 K84222


TARIFF NO.: 5407.20.0000

Mr. Rick Corbett
DHL Danzas Air & Ocean
1600 Drew Road
Mississauga, Ontario, Canada L5S 1S5

RE: The tariff classification of a 100% polypropylene plain woven fabric from Canada.

Dear Mr. Corbett:

In your letter dated February 25, 2004, on behalf of your client Fib Pak Industries Inc., you requested a tariff classification ruling.

The submitted sample is a plain woven fabric composed of 100% polypropylene. It is constructed with strips measuring 2 to 3 millimeters in apparent width. These strips meet the dimensional requirements to be considered synthetic textile strips and consequently the fabric woven from these strips is considered a synthetic textile fabric. This item contains approximately 9 strips per inch in the warp and 9 strips per inch in the filling. Weighing approximately 234 g/m2, this fabric will be imported in various widths ranging between 78 and 122 inches. This product has been coated on one side with a clear application of polypropylene plastic. However, this plastic coating is not visible to the naked eye.

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 plastic coating on this fabric is not visible to the naked eye, this fabric is not considered a coated fabric either for the purposes of classification in heading 5903, HTS, as a coated fabric of textile nor as a plastic product of chapter 39.

The applicable subheading for the plain woven polypropylene 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 rate of duty will be free.

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.


Robert B. Swierupski

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