The tariff classification of a polypropylene fabric of plain weave construction

N255464 May 29, 2015 CLA-2-54:OT:RR:NC:N3:352 CATEGORY: Classification TARIFF NO.: 5407.73.2015 Mr. Damon V. Pike The Pike Law Firm 246 Sycamore Street, Suite #215 Decatur, GA 30030-3434 RE: The tariff classification of a polypropylene fabric of plain weave construction Dear Mr. Pike: In your letter dated July 17, 2014, 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 #72224, Woven PP (Polypropylene) Pool Cover fabric. According to the specification sheets and information provided, this is a flat woven fabric composed wholly of 94.75% polypropylene yarns, 2.1% carbon black and 3.15% polyethylene, and weighs 173 g/m2. U.S. Customs and Border Protection (CBP) laboratory analysis indicates that this fabric is of plain weave construction, composed of single polypropylene monofilament yarns of different colors, and weighs 168.9 g/m2. The fabric contains 15 single warp yarns per centimeter and 6 single weft picks per centimeter. 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 185 centimeters. The applicable subheading for this 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 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 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 maribeth.dunajski @ cbp.dhs.gov Sincerely, Gwenn K. Kirschner Director National Commodity Specialist Division