United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2006 NY Rulings > NY M83041 - NY M83091 > NY M83066

Previous Ruling Next Ruling
NY M83066




May 5, 2006

CLA-2-59:RR:NC:TA:350 M83066

CATEGORY: CLASSIFICATION

TARIFF NO.: 3921.90.1950; 5407.20.0000; 5903.90.2500

Mr. Patrick Lau
FSPG USA, Inc.
521 Ala Moana Boulevard, Suite 219
Honolulu, Hawaii 96813

RE: The tariff classification of three woven materials, for use in the manufacture of large dog food bags, from China.

Dear Mr. Lau:

In your letter, which was received May 2, 2006, you requested a classification ruling. The manufacturer is Foshan Plastics Group, China.

You submitted three representative samples, which were identified as styles EH83-060402, EH63-060403 and EH43-060404.

The first item, style EH83-060402, consists of a plain woven fabric (8 x 5) composed of 100% polypropylene plastic strips that measure less than 5 mm in apparent width, and, as such, are considered to be of textile man-made fibers for tariff purposes. This material has been visibly coated on both sides with a low-density polyethylene plastics material in sufficient quantity to be visible to the naked eye. You state that this material weighs 83 grams per square meter as follows:

Base fabric: 51.8%
Polyethylene coating: 48.2%

The second item, style EH63-060403, consists of a plain woven fabric (8 x 5) composed of 100% polypropylene plastic strips that measure less than 5 mm in apparent width, and, as such, are considered to be of textile man-made fibers for tariff purposes. This material has been visibly coated on only one side with a low-density polyethylene plastics material in sufficient quantity to be visible to the naked eye. You state that this material weighs 63 grams per square meter as follows:

Base fabric: 68.3%
Polyethylene coating: 31.7%

The third and final item, style EH43-060404, consists of a plain woven fabric (8 x 5) composed of 100% polypropylene strips that measure less than 5 mm in apparent width, and, as such, are considered to be of synthetic textile for tariff purposes. This material contains no coating on either surface and weighs 43 grams per square meter.

The applicable subheading for style EH83-060402 will be 3921.90.1950, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other plates, sheets, film, foil and strip, of plastics, other than cellular, combined with a single textile material, other, weighing not more than 1.492 kg/m². The rate of duty will be 5.3 percent ad valorem.

The applicable subheading for style EH63-060403 will be 5903.90.2500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for textile fabrics, impregnated, coated, covered or 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.      This merchandise falls within textile category designation 229.

The applicable subheading for style EH43-060404 will be 5407.20.0000, Harmonized Tariff Schedule of the United States (HTSUS), 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 will is Free.

Styles EH63-060403 and EH43-060404 fall within textile category designations 229 and 620, respectively. 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.

Sincerely,

Robert B. Swierupski
Director,

Previous Ruling Next Ruling

See also: