The tariff classification of a woven polypropylene/polyethylene 3D fabric

N242730 November 18, 2013 CLA-2-54:OT:RR:NC:N3:352 CATEGORY: Classification TARIFF NO.: 5407.73.2060 Mr. Damon V. Pike The Pike Law Firm 246 Sycamore Street, Suite #215 Decatur, GA 30030-3434 RE: The tariff classification of a woven polypropylene/polyethylene 3D fabric Dear Mr. Pike: In your letter dated May 22, 2013, on behalf of your client Lumite, Inc, you requested a tariff classification ruling. One sample was submitted with your ruling request. The sample is identified as Style #60645000-76, Woven PP/PE (Polypropylene / Polyethylene) 3D fabric. It is characterized by two mesh surfaces connected to each other by yarns flowing from one side of the fabric to the other, forming a center layer with a wavy or corrugated appearance separating the two outer surfaces. Customs and Border Protection (CBP) laboratory analysis indicates that this fabric is of a woven construction other than plain, twill or satin, is composed wholly of olefin non-textured monofilament, and weighs 421.1 g/m2. This fabric contains 23.8 single yarns per centimeter in the warp and 35.7 single yarns per centimeter in the filling and is constructed of yarns of different colors. According to your submission, this fabric is to be used as a performance, agriculture or horticulture fabric, and will be imported in rolls in widths of 193 centimeters. The applicable subheading for this fabric will be 5407.73.2060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404: other woven fabrics, containing 85 percent or more by weight of synthetic filaments, of yarns of different colors, other, weighing more than 170 g/m2. The duty rate will be 8.5% 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/. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). This ruling is being issued under the assumption that the subject goods, in their condition as imported into the United States, conform to the facts and the description as set forth both in the ruling request and in this ruling. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of Customs and you should resubmit for a new ruling in accordance with 19 CFR 177.2. You should also be aware that the material facts described in the foregoing ruling may be subject to periodic verification by Customs. 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 Maribeth Dunajski at (646) 733-3045. Sincerely, Gwenn K. Kirschner Acting Director National Commodity Specialist Division