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NY K85306

May 13, 2004

CLA-2-63:RR:NC:N3:351 K85306


TARIFF NO.: 6307.90.9889, 5407.20.0000

Ms. Irene Chan
T.H. Kelly Int'l, Inc.
813 W. Arbor Vitae St., 2nd Floor
Inglewood, CA 90301

RE: The tariff classification of polypropylene woven fabric.

Dear Ms. Chan:

In your letter dated April 16, 2004, you requested a ruling on behalf of Tung Fei Plastic on tariff classification.

You submitted a sample of a bag made of polypropylene woven strips. The strips meet the dimensional requirements of man-made fiber strips contained in Section XI, Legal Note 1(g) of the Harmonized Tariff Schedule of the United States (HTS). However, you are asking for the classification of the fabric from which this bag has been made. You have told us in a telephone conversation that the fabric may be imported with a hem as shown on the sample. The unhemmed fabric will be imported in widths ranging between 16 and 30 inches.

The applicable subheading for the polypropylene woven fabric if hemmed will be 6307.90.9889, HTS, which provides for other made up textile articles, other. The general rate of duty will be seven percent ad valorem.

The applicable subheading for the unhemmed polypropylene woven fabric 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 rate of duty is free.

The unhemmed fabric falls within textile category designation 620. You have not told us the country of origin but based upon international textile trade agreements products of some countries are currently subject to quota and 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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.).

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.


Robert B. Swierupski

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