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NY M81327

March 28, 2006

CLA-2-59:RR:NC:TA:350 M81327


TARIFF NO.: 5903.90.2500

Ms. Colleen Campbell
Flexia Corporation
369 Elgin Street
Brantford, Ontario, Canada
N3S 7P5

RE: The tariff classification of a polypropylene plastics coated, textile fabric (house wrap material), from China.

Dear Ms. Campbell:

In your letter dated March 21, 2006, you requested a tariff classification ruling.

While your letter states that this material is to be imported from China, you mention several manufacturing plants located in Canada. As such, this letter will address imports from both countries.

The instant sample, identified as ECP Housewrap, consists of a woven fabric constructed from clear polypropylene plastic strips, which measure under 5 mm in apparent width, and, as such, are considered to be textile for tariff purposes. This material has been visibly coated on one side with a white pigmented, compact polypropylene plastics material. You state that this material has a basis weight of 80 grams per square meter with a coating weight of 30 grams per square meter. You correspondence further indicates that this material will be imported as roll goods having roll widths ranging from 3 feet to 10 feet.

The applicable subheading for the material, will be 5903.90.2500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for textile fabrics laminated with plastics, of man-made fibers, not over 70 percent by weight of plastic. The duty rate will be 7.5 percent ad valorem.      

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

If this material is a product of China, please pay special attention to the following paragraph.

This merchandise falls within textile category designation 229. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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 Deborah Walsh at 646-733-3044.


Robert B. Swierupski

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