CLA-2-54:OT:RR:NC:N3:352
Mr. Damon V. Pike
The Pike Law Firm
246 Sycamore Street, Suite #215
Decatur, GA 30030-3434
RE: The tariff classification of woven fabric of polypropylene strips
Dear Mr. Pike:
In your letter dated April 30, 2013, on behalf of your client Lumite, Inc., you requested a tariff classification ruling. A sample was submitted with your ruling request.
The sample is identified as Woven PP Geotextile Fabric, Style #G6x4000-180. In your submission and subsequent correspondence, you indicate that the warp yarns are extruded as flat/oval monofilament; the weft yarns consist of strips cut from wider sheet and then fibrillated. You indicate that the warp and weft are high tenacity yarns, 48 cN/tex and 40 cN/tex respectively. These do not meet the definition of high tenacity yarn under Note 6 to Section XI, Harmonized Tariff Schedule of the United States (HTSUS), which is 60 cN/tex for single yarn of nylon or other polyamides or of polyesters. Customs and Border Protection (CBP) laboratory analysis indicates that this fabric is composed wholly of olefin strip measuring less than 5 mm in width, is of a woven construction other than plain, twill or satin, and weighs 551.3g/m2. Your letter states that this fabric will be imported on rolls in widths of 457 centimeters and will be used for agricultural and horticultural purposes.
In your letter you suggest that this fabric be classified as a woven fabric of synthetic filament yarn under subheading 5407.71.0060. However, CBP laboratory analysis and visual examination indicate that this fabric is composed of flat and fibrillated strips, both under 5mm in width. The strips meet the dimensional requirements for textile strips contained in Section XI, Legal Note 1(g), HTSUS. Also, according to the terms of Legal Note 1 to Chapter 54, HTSUS, such strips are not to be considered a man-made fiber. Accordingly, Style #G6x4000-180 should be classified as a fabric woven of strip.
The applicable subheading for this textile fabric, Style #G6x4000-180, will be 5407.20.2000, HTSUS, 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 Free.
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 Customs laboratory analysis at the time of importation and to verification by Customs, and the fabric may be reclassified at that time.
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 [email protected].
Sincerely,
Gwenn K. Kirschner
Acting Director
National Commodity Specialist Division