CLA-2-54:OT:RR:NC:N3:352
Mr. Ryan R. Villiard
GoodShip International, Inc.
699 Lively Blvd
Elk Grove Village, IL 60007
RE: The tariff classification of woven polypropylene and polypropylene/jute mesh fabrics, ten inches and 21 inches in width, from China and Korea
Dear Mr. Villiard:
In your letter dated June 12, 2013, on behalf of Craig Bachman Imports Inc, you requested a tariff classification ruling. Two samples of fabric were submitted with your ruling request.
The first fabric, identified as “Poly Mesh,” is a plain woven fabric formed from strip. According to your letter, the strip is composed of 100% polypropylene and measures approximately 3 millimeters in width. The fabric will be imported in rolls, 10 yards in length, in the following widths: RE1053 (single color) - 21 inches; RE1061 (multicolor) - 21 inches and RE1353 (single color) -10 inches. The fabric will be sold as a component for end users to create holiday decorations and craft projects.
The second fabric, identified as “Poly/Jute Mesh,” is a plain woven fabric formed from yarn and strip. According to your letter, the fabric is constructed of natural jute yarns and of polypropylene strips measuring approximately 3 millimeters in width. You state that the fiber content breakdown is approximately 57% polypropylene strip and 43 % jute. The fabric will be imported in rolls, 10 yards in length, in the following widths: RB8202 (single color poly, natural jute) - 10 inches and RB9202 (single color poly, natural jute) - 21 inches. The fabric will be sold as a component for end users to create holiday decorations and craft projects.
The strip meets the dimensional requirements contained in Section XI, Note 1 (g) of the Harmonized Tariff Schedule of the United States (HTSUS) to be considered a textile.
Since the second item, identified as RB8202 and RB9202, is constructed of a blend of approximately 57% polypropylene and natural 43% jute fibers, it is classified using Note 2(A) to Section XI of the HTSUS. The fabric will be classified as if it consisted wholly of that one textile material which predominates by weight, which in this case is stated to be the polypropylene. We have not verified your statement with lab analysis. However, the fabric may be subject to Customs laboratory analysis at the time of importation. If the fabric is other than as stated in your letter, it may be reclassified by Customs at that time.
Narrow woven fabrics are defined in Note 5 to Chapter 58, which states in part: “For the purposes of heading 5806, the expression ‘narrow woven fabrics’ means: (a) Woven fabrics of a width not exceeding 30 cm, whether woven as such or cut from wider pieces, provided with selvages (woven, gummed or otherwise made) on both edges.” You have not provided samples in the condition as imported. Therefore we are not able to determine with certainty whether the fabrics contain the selvages required to be classified in heading 5806.
The applicable subheading for the fabrics 30 cm or more in width (RE1053, RE1061 and RB9202), or in any width if NOT containing selvages (RE1353 and RB8202 if no selvages) will be 5407.20.0000, HTSUS, which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404: woven fabrics obtained from the strip or the like. The duty rate will be free.
The applicable subheading for the fabrics of a width not exceeding 30 cm, WITH selvages, (RE1353 and RB8202 if containing selvages), will be 5806.39.3080, HTSUS, which provides for narrow woven fabrics, other than goods of heading 5807; narrow fabrics consisting of warp without weft assembled by means of an adhesive (bolducs): other woven fabrics: of other textile materials: other, other, other. 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).
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 (646) 733-3045.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division