The tariff classification of a 100% polypropylene plain woven fabric from India.

NY L82890 March 18, 2005 CLA-2-54:RR:NC:TA:352 L82890 CATEGORY: Classification TARIFF NO.: 5407.20.0000 Mr. Anil Gupta Assurene Corporation 19444 De Havilland Drive Saratoga, CA 95070 RE: The tariff classification of a 100% polypropylene plain woven fabric from India. Dear Mr. Gupta: In your letter dated March 11, 2005 you requested a classification ruling. The submitted sample, designated as style ASR-068MM, is a plain woven fabric composed of 100% polypropylene. It is constructed using strips measuring 3.1 millimeters in width in both the warp and the filling. These strips meet the dimensional requirements to be considered synthetic textile strips. This fabric contains 8 strips per inch in the warp and 7 strips per inch in the filling. Weighing 68 g/m2, this product will be imported in widths ranging between 46 centimeters to 305 centimeters. The fabric has been coated on one side with a clear application of polypropylene plastic, however, the coating is not visible to the naked eye. Your correspondence indicates that this fabric will be used in the packaging industry. 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 the fabric designated as style ASR-068MM 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 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 the materials of heading 5404, woven fabrics obtained from strip or the like. The duty rate will be Free. This fabric falls within textile category designation 620. 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 Alan Tytelman at 646-733-3045. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division