NY 859272
JAN 25 1991
CLA-2-54:S:N:N3H:352 859272
Ms. Kathy Chance
Jean D. Duncan Customs Brokers, Inc.
P.O. Box 20696/ Atlanta Airport
Atlanta, Georgia 30320
RE: The tariff classification of plain woven primary carpet
backing made from polypropylene strip and leno woven secondary
carpet backing made from a combination of spun
polypropylene yarns and polypropylene strip. Both types of
fabric will be produced in Mexico.
Dear Ms. Chance:
In your letter dated September 19, 1990, which was
resubmitted with additional information on December 31, 1990, you
requested a classification ruling on behalf of your client Amoco
Fabrics and Fibers Company.
Nine samples of fabric which fall into two broad classes
were submitted. The first group of fabrics, identified as styles
2200, 2205, 2261, 2218 and 2225 are all used as primary carpet
backing. Each of the styles is plain woven using 475 denier
polypropylene strip in the warp and 1050 denier polypropylene
strip in the filling. The width of the polypropylene strip
varies between 1 and 3 millimeters. Style 2200 contains 9.36
single yarns per centimeter in the warp and 4.29 single yarns per
centimeter in the filling. It weighs 103 g/m2 and will be
imported in 375 centimeter widths. Style 2205 contains 9.36
single yarns per centimeter in the warp and 5.07
single yarns per centimeter in the filling. This fabric weighs
112 g/m2 and will be imported in 375 centimeter widths. Style
2261 contains 9.36 strips per centimeter in the warp and 5.85
strips per centimeter in the filling. Weighing 121 g/m2, it will
be imported in 375 centimeter widths. Style 2218 contains 9.36
single yarns per centimeter in the warp and 7.02 single yarns
per centimeter in the filling. This fabric weighs 135 g/m2 and
will be imported in 375 centimeter widths. Style 2225 contains
9.36 single yarns per centimeter in the warp and 7.80 single
yarns per centimeter in the filling. It weighs 144 g/m2 and will
be imported in 375 centimeter widths. Your letter indicates that
all these fabrics have been coated with a lubricating agent.
However, the coating is not visible to the naked eye and,
therefore, the fabrics are not considered coated for tariff
classification purposes.
The second group of fabrics, identified as styles 3828,
3809, 3824 and 3807, are all used as secondary carpet backing.
Each of the styles is leno woven and composed of 100%
polypropylene. They all are constructed with polypropylene
continuous strips of a width of approximately 1 millimeter in the
warp and staple polyester yarns in the filling. The fabrics will
be imported in 380 centimeter widths. Style 3828 weighs 124 g/m2
and contains 7.02 strips per centimeter in the warp and 4.29
yarns per centimeter in the filling. Style 3809 weighs 97 g/m2
and contains 6.24 strips per centimeter in the warp and 3.12
yarns per centimeter in the filling. Style 3824 weighs 81 g/m2
and contains 6.24 strips per centimeter in the warp and 2.34
yarns per centimeter in the filling. Style 3807 weighs 109 g/m2
and is constructed with 7.02 strips per centimeter in the warp
and 3.51 yarns per centimeter in the filling. Secondary carpet
backing is used to provide dimensional stability for carpet and
is generally glued to the primary carpet backing.
The applicable subheading for the primary carpet backing
fabric, designated as styles 2200, 2205, 2261, 2218 and 2225,
will be 5407.20.0000, Harmonized Tariff Schedule of the United
States (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.
The applicable subheading for the secondary carpet backing
fabrics, designated as styles 3828, 3809, 3824 and 3807, will be
5803.90.3000, (HTS), which provides for gauze, other than the
narrow fabrics of heading 5806, of other textile material, of
man-made fiber. The duty rate will be 17 percent ad valorem.
The primary carpet backing fabrics, identified as styles
2200, 2205, 2261, 2218 and 2225, fall within textile category
designation 620. Based upon international textile trade
agreements, these products of Mexico are subject to visa
requirements.
The secondary carpet backing fabrics, identified as
styles 3828, 3809, 3824 and 3807, fall within textile category
designation 220. Based upon international textile trade
agreements, these products of Mexico are subject to visa
requirements and quota restaints.
The designated textile and apparel category may be
subdivided into parts. If so, visa and quota requirements
applicable to the subject merchandise may be affected. Since
part categories are the result of international bilateral
agreements which are subject to frequent renegotiations and
changes, to obtain the most current information available, we
suggest that you check, close to the time of shipment, the Status
Report on Current Import Quotas (Restraint Levels), an internal
issuance of the U.S. Customs Service, which is available for
inspection at your local Customs office.
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