The tariff classification of a polypropylene plastics coated textile fabric (House wrap material), for use in residential and commercial sidewall construction, to serve as a protective barrier against air and moisture infiltration. The country of origin will be Thailand, India, China or Indonesia.

NY M87457 November 30, 2006 CLA-2-59:RR:NC:TA:350 M87457 CATEGORY: Classification TARIFF NO.: 5903.90.2500 Mr. Carl D’Penha Fritz Marketing Inc. 1547 Hurontario Street Mississauga, Ontario L5G3H7 Canada RE: The tariff classification of a polypropylene plastics coated textile fabric (House wrap material), for use in residential and commercial sidewall construction, to serve as a protective barrier against air and moisture infiltration. The country of origin will be Thailand, India, China or Indonesia. Dear Mr. D.Penha : In your letter dated October 27, 2006, which was a follow-up to an earlier inquiry, where we requested additional information, you requested a classification ruling. The instant sample consists of a woven material produced from polypropylene plastic strips. You state that 60% of these strips measure over 5 mm in apparent width and 40% measure under that width. We have examined the instant sample, and found that many of the strips that ostensibly measure over 5 mm, have been crimped or folded over, making their apparent width under 5 mm. Overall, it appears that the apparent width of most of the strips, is not over 5 mm. As such, the entire material is considered to be of textile man-made fibers for tariff purposes. Finally, this material has been visibly coated on one side with a milky white-pigmented polypropylene plastics material. The applicable subheading for the product 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. This merchandise falls within textile category 229. If this material is a product of China, it is currently subject to quota and the requirement of a visa. Please note that with the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise, which is the product of World Trade Organization (WTO) member countries.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. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division