CLA-2-54:RR:NC:TA:352 G88136

Mr. Ray Reynolds
Lee Hardeman Customs Brokers, Inc.
P.O. Box 45545
Atlanta, GA 30320-0545

RE: The tariff classification of dyed polyethylene plain woven shade fabric from Spain.

Dear Mr. Reynolds:

In your letter dated March 7, 2001, on behalf of your client PAK Unlimited, Inc., you requested a tariff classification ruling.

The submitted sample, designated as woven shade cloth, is a plain woven dyed fabric composed of 100% filament polyethylene. It contains approximately 14 monofilaments per inch in the warp and 11 monofilaments per inch in the filling. Weighing approximately 70 g/m2, this fabric will be imported in 10-foot widths. Your correspondence indicates that this product will be used as shade cloth for agricultural purposes including the protection of crops from the sun, as well as for insect control.

The applicable subheading for the shade fabric will be 5407.72.0015, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404, other fabrics, containing 85 percent or more by weight of synthetic filaments, dyed, weighing not more than 170 g/m2. The rate of duty will be 15.5 percent ad valorem.

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 Alan Tytelman at 212-637-7092.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division