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 a three woven fabrics of polypropylene and olefin strip
Dear Mr. Pike:
In your letter dated May 30, 2013, on behalf of your client Lumite, Inc., you requested a tariff classification ruling. Three samples were submitted with your ruling request. Your letter states that these fabrics will be imported on rolls in widths of 366 centimeters and will be used for agricultural and horticultural purposes.
The first sample is identified as Woven PP Ground Cover Fabric, Style GCB-144-100. In your submission and subsequent correspondence, you state that this fabric is composed of 100% polypropylene strips which measure 1.5 millimeters lengthwise (warp) and 3 millimeters in the cross section (weft). You also indicate that the warp and weft are high tenacity yarns, 38 cN/tex and 50 cN/tex respectively. However, these do not meet the definition of high tenacity yarn found in 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 polypropylene strip measuring 1.5 millimeters in width, is of a woven construction other than plain, twill or satin, and weighs 102.6 g/m2.
The second sample is identified as Fabricated PP Shade Panels, Style 52073000-144. In your submission, you state that this is a flat woven fabric of plain weave construction. CBP laboratory analysis indicate that this fabric is composed of 70.2% olefin strips and 29.8% olefin monofilaments, all measuring less than 1mm, and weighs 152.6 g/m2.
In your letter you suggest that Style 52073000-144 be classified as a woven fabric of synthetic filament yarn under subheading 5407.71.0015, HTSUS. However, CBP laboratory analysis has determined that this fabric is a woven fabric composed chiefly of strip that meet the dimensional requirements for textile strip contained in Section XI, Legal Note 1(g), HTSUS.
The third sample is identified as Woven PP & Needle Punched Ground Cover, Style #LS06GR-48-100. Your letter describes this ground cover fabric as a fabric of woven polypropylene strip with a needlepunched backing fabric. CBP laboratory analysis indicates that this product consists of a woven fabric of plain weave construction joined to a web of staple fibers by a needle punching process. The woven layer is composed of olefin strip measuring less than 5 millimeters in width, and weighs 99.6 g/m2; the backing layer is composed wholly of staple polyester fibers and weighs 36.5 g/m2. The overall weight of this fabric is 136.1 g/m2. Needleloom felt is defined in the HTS Explanatory Notes to heading 5602 as a material which has been produced by needling through a base fabric which has become more or less hidden by such fibers. However, in this instance, the staple fiber layer is very light on one side and barely visible on the other.
The applicable subheading for the three fabric styles GCB-144-100, 52073000-144 and LS06GR-48-100 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 rate of duty 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