The tariff classification of two 100% polypropylene plain woven fabrics from China.

NY M82079 August 31, 2006 CLA-2-54:RR:NC:TA:352 M82079 CATEGORY: Classification TARIFF NO.: 5407.20.0000; 5407.73.2015 Mr. Arbuth Bumgarner Hernando Moss, Inc. 1151 E. Cleveland Street Hernando, FL 34442 RE: The tariff classification of two 100% polypropylene plain woven fabrics from China. Dear Mr. Bumgarner: In your letter dated march 23, 2006 you requested a tariff classification ruling. Two samples of woven fabric accompanied your request for a ruling. Laboratory analysis of the first, designated as “Purple and White Woven Fabric”, indicates that it is a plain woven fabric composed of 100% polypropylene. This item is constructed using a combination of polypropylene strips measuring approximately 2 millimeters in apparent width and polypropylene monofilament measuring approximately 0.5 millimeters in diameter. Both the polypropylene strip and the polypropylene monofilament meet the dimensional requirements to be considered synthetic textile material. This item is manufactured from yarns of different colors. The fabric contains 53.1% polypropylene strip and 46.9% polypropylene monofilament. Weighing 80.1 g/m2, this product will be imported in either continuous rolls measuring 53 centimeters in width or cut to squares measuring 61 centimeters on a side. Your correspondence indicates that this item will be used to wrap fresh flowers and plants as a decorative accent. Laboratory analysis of style “Green, Yellow and White Woven Fabric”, indicates that it is a plain woven fabric composed of 100% polypropylene. This item is constructed using a combination of polypropylene strips measuring approximately 2 millimeters in apparent width and polypropylene monofilament measuring approximately 0.5 millimeters in diameter. Both the polypropylene strip and the polypropylene monofilament meet the dimensional requirements to be considered synthetic textile material. The fabric contains yarns of different colors and is composed of 46.1% polypropylene strip and 53.9% polypropylene monofilament. Weighing 66.6 g/m2, this product will be imported in either continuous rolls measuring 53 centimeters in width or cut to squares measuring 61 centimeters on a side. Your correspondence indicates that this item will be used to wrap fresh flowers and plants as a decorative accent. The applicable subheading for the cut squares and fabric in the piece designated as style “Purple and White Woven Fabric” 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 applicable subheading for the cut squares and fabric in the piece designated as style “Green, Yellow and White Woven Fabric” will be 5407.73.2015, 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, other woven fabrics, containing 85 percent or more by weight of synthetic filaments, of yarns of different colors, other, weighing not more than 170 g/m2. The rate of duty will be 8.5 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/. Both fabrics fall within textile category 620. At the present time goods produced in China that fall in textile category 620 are subject to visa requirements and quota restraints. 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 Alan Tytelman at 646-733-3045. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division