CLA-2-54:S:N:N3H:352 874092
TARIFF NO: 5407.20.0000
Mr. Michael C. Murphy
Halsted Corporation
P. O. Box 4068 Bergen Station
Jersey City, NJ 07304
RE: The tariff classification of laminated polypropylene woven
fabric from Thailand.
Dear Mr. Murphy:
In your letter dated April 27, 1992, received in this office on
May 5, 1992, you requested a tariff classification ruling.
The submitted sample is a plain woven fabric that is composed of
100% polypropylene. This fabric is woven from polypropylene strips that
measure approximately 3 millimeters (mm) in width. It contains 10
strips per inch in the warp and 9 strips per inch in the filling. This
textile product will be imported in sheets measuring approximately
40x54 inches. These sheets have been laminated with a clear
polypropylene coating. This manufacturing process makes the fabric
impenetrable by moisture or air. The finished weight of this
merchandise is approximately 100 grams per sheet. This product will be
used as bale wrappers to protect the contents of the bales.
Note 2 to Chapter 59, Harmonized Tariff Schedule of the United
States, (HTS), defines the coverage of heading 5903, under which
textile fabrics which are coated, covered, impregnated, or laminated
with plastics are classifiable. Note 2 states in part that heading
5903, HTS, applies to:
(A) Textile fabrics, impregnated, coated, covered or laminated
with plastics, whatever the weight per square meter and whatever the
nature of the plastics material (compact or cellular), other than:
(1) Fabrics in which the impregnation coating or
covering cannot be seen with the naked eye (usually chapter 50 to 55,
58 or 60); for the purpose of this provision, no account should be
taken of any resulting change in color;
Since the polypropylene coating on this fabric is not visible to the
naked eye, it is not classifiable in heading 5903, HTS.
The applicable subheading for the polypropylene woven fabric will
be 5407.20.0000, HTS, 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 17 percent ad valorem.
The woven fabric falls within textile category designation 620.
Based upon international textile trade agreements, products of Thailand
are subject to visa requirements and quota restraints.
The designated textile and apparel category may be subdivided into
parts. If so, visa and quota requirements applicable to the subject
merchandise may be affected. Since part categories are the result of
international bilateral agreements which are subject to frequent
renegotiations and changes, to obtain the most current information
available, we suggest that you check, close to the time of shipment,
the Status Report On Current Import Quotas (Restraint Levels), an
internal issuance of the U.S. Customs Service, which is available for
inspection at your local Customs office.
This ruling is being issued under the provisions of Section 177 of
the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be brought
to the attention of the Customs officer handling the transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport