CLA-2-46:RR:NC:2:230 M82272

Ms. Linda S. Waits
Schenker Stinnes Logistics
Schenker, Inc.
P.O. Box 63536
N. Charleston, SC 29419

RE: The tariff classification of woven polypropylene and woven polyethylene fabric from China

Dear Ms. Waits:

In your letter dated April 20, 2006, on behalf of Maxwell International Trading Inc., you requested a tariff classification ruling.

The ruling was requested on three different types of plastic fabric. The material will be imported in rolls measuring 2 to 4 meters in width and 1,000 meters or more in length. The material will be used for wrapping metal or lumber. Representative sample pieces were submitted.

Sample # 20 is a woven sheet composed of high-density polyethylene tapes or strips. The warp strips measure 2.0 to 2.2 mm in width; and the weft strips measure 3.0 to 3.2 mm in width. The woven polyethylene sheet is visibly coated on both sides with a low-density polyethylene plastic material that is white on one side and black on the other side.

Sample # 21 is a woven sheet composed of white polypropylene strips. The warp and weft strips measure 5.1 to 5.2 mm in width. The woven polypropylene sheet is coated on one side with a white polypropylene film.

Sample # 22 is a woven sheet composed of natural clear polypropylene strips. The warp and weft strips measure 5.1 to 5.2 mm in width. The woven polypropylene sheet is not coated on either side.

The applicable subheading for the uncoated woven polypropylene fabric, represented by sample # 22, will be 4601.99.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for plaiting materials, plaits and similar products of plaiting materials, bound together in parallel strands or woven, in sheet form, whether or not being finished articles; other (than mats, matting and screens of vegetable materials), other (than of vegetable materials), other. The rate of duty will be 3.3 percent ad valorem.

The applicable subheading for the coated woven polypropylene fabric, represented by sample # 21, will be 4602.90.0000, HTSUS, which provides for basketwork, wickerwork and other articles, made directly to shape from plaiting materials or made up from articles of heading 4601, other (than of vegetable materials). The rate of duty will be 3.5 percent ad valorem.

The applicable subheading for the coated woven polyethylene fabric, composed of strips, each under 5 mm in width, represented by sample # 20, will be 3921.90.1950, HTSUS, which provides for other plates, sheets, film, foil and strip, of plastics; other (than cellular), combined with textile materials and weighing not more than 1.492 kilograms per square meter, other, other. The rate of duty will be 5.3 percent 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/.

The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in 19 CFR 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, either directly, by reference, or by implication, is accurate and complete in every material respect.

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 U.S. Customs and Border Protection (CBP) 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 the CBP.

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 Paul Garretto at 646-733-3035.


Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division