CLA-2-54:S:N:N6:352 899706

Mr. Jose Rodriquez
Rodenas & Rivera S.A.
Calle Murcia, 11
02400 Hellin (Albacete)
Spain

RE: The tariff classification of polypropylene woven fabric from Spain.

Dear Mr. Rodriquez:

In your letter dated May 20, 1994, received in this office June 27, 1994 you requested a tariff classification ruling. You have submitted two samples of plain woven fabric that are composed of 100% polypropylene. Based on the information provided, one sample is coated and the other is uncoated. The uncoated sample identified as code E9UU, is manufactured with polypropylene strips measuring 1 millimeter (mm) in width. The fabric contains 11 strips per inch in the warp and 10 strips per inch in the filling. Weighing 200 g/m2, it will be imported in 150 centimeter widths.

The coated sample, identified as code E9C9 is composed of 100% polypropylene. This merchandise is manufactured with polypropylene strips measuring 1 millimeter (mm) in width. The fabric has been coated on one or both sides with polypropylene. It contains 11 strips per inch in the warp and 10 strips per inch in the filling. The fabric weighs 200 g/m2 and the coating weighs 30 g/m2. The combined weight of this textile product is 230 g/m2. It will be imported in 150 centimeter widths.

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 are classifiable. Note 2 states 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 weight 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 chapter 50 to 55, 58 or 60); for the purpose of this provision no account should be taken of any resulting change of color;

Since the polypropylene coating on the fabric sample that is identified as code E9C9 fabric is not visible to the naked eye, it is not classifiable in heading 5903, HTS.

The applicable subheading for both polypropylene woven fabrics identified as code E9UU and code E9C9, will be 5407.20.0000, HTS, which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404, woven fabrics obtained from strip or the like. The duty rate will be 17 percent ad valorem.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport