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NY M87513

October 24, 2006

CLA-2-59:RR:NC:TA:350 M87513


TARIFF NO.: 5407.20.0000; 5903.90.2500

Mr. David Zhu
FDD Associates, Inc.
4485 Plainfield Avenue NE, Suite 107
Grand Rapids, MI 49525

RE: The tariff classification of two plastics coated textile materials, for use in the manufacture of bags. The country of origin is China.

Dear Mr. Zhu:

In your letter dated October 9, 2006, which was a follow-up to an earlier inquiry where we requested additional information, you requested a classification ruling.

Two representative samples were submitted, which were identified as “Sew Tape” (Sample #1) and Lay Flat Rollstock (Sample #2). Additionally, for reference purposes, a completed bag was submitted. This bag will be constructed from the imported materials after their importation into the United States.

Sample #1 (Sew Tape) consists of a narrow woven fabric, which you indicate will be imported in widths ranging from 51 to 63.5 millimeters and 1,000 meter lengths. This material is constructed from polypropylene plastics strips measuring less than 5 mm in apparent width, and, as such, are considered to be of textile man-made fibers for tariff purposes. This tape has been visibly coated on one surface with a black pigmented polyethylene plastics material, which is visible to the naked eye. This coating does not appear to comprise over 70 percent by weight of the total weight of the materials.

Sample #2 (Lay Flat Rollstock) is similar in construction to Sample #1, and will be imported in widths ranging form 0.6 meters to 2.1 meters. This material, however, has been coated on one side with a clear polyethylene plastics material, which is not visible to the naked eye.

After importation into the United States, these two materials will be used to construct a finished bag, which, accordingly to the various markings on the bags, will be used to contain dog food.

The applicable subheading for the “Sew Tape” (Sample #1) 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 plastics. The duty rate is 7.5 percent ad valorem.

The applicable subheading for the Lay Flat Rollstock (Sample #2) 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 be Free.

The “Sew Tape” (Sample #1) and Lay Flat Rollstock (Sample #2) fall within textile categories 229 and 620, respectively . With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise, which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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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