CLA-2-59:OT:RR:NC:N3:350
Jim Mince
Compliance Manager
Cargo Brokers International
P.O. Box 45427
Atlanta, GA 30320
RE: The tariff classification of a coated housewrap fabric woven of polypropylene strip, from China or India
Dear Mr. Mince:
In your letter dated March 02, 2017, you requested a tariff classification ruling on behalf of your client Tech Wrap LLC. A sample was submitted to this office.
Tech Wrap LLC’s product “Tech Wrap Home and Commercial Building Wrap” is a coated plain weave fabric of synthetic strip. The strip is of an apparent width of less than five millimeters. According to the information provided initially and in subsequent communications, this fabric is woven of polypropylene strip and weighs 65 g/m2. The fabric is coated on one side only, with an extrusion coating said to be composed of 90% polypropylene and 10% polyethylene, to increase resistance to moisture. You indicate this fabric will be imported in various widths, all of which will exceed 4 ½ feet in width, and will be used in the construction industry as housewrap to provide a weather-resistant barrier.
The strip meets the dimensional requirements of textile strip contained in Section XI, Legal Note 1(g), Harmonized Tariff Schedule of the United States (HTSUS). Also, please note that according to the terms of Legal Note 1 to Chapter 54, HTSUS, strip is not considered to be a man-made fiber.
In your letter, you suggest that this product be classified as a woven fabric of plastic textile strip under subheading 5407.20.0000, HTSUS. However, classification under this subheading is precluded. Although you state that the fabric is covered with a clear coating not visible to the naked eye, the fabric sample provided has been coated on one side with a white-colored plastic substance which is visible to the naked eye.
The applicable subheading for “Tech Wrap Home and Commercial Building Wrap” will be 5903.90.3090, HTSUS, which provides for Textile fabrics impregnated, coated, covered or laminated with plastics, other than those of heading 5902: Other: Other, Other. The rate of duty will be 2.7%.
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 https://hts.usitc.gov/current.
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 verification by Customs.
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 via email at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division