CLA-2-70:RR:NC:TA:352 H87249

Mr. William Sun
WTS Customs Brokerage Co., Inc.
8901 S. La Cienega Blvd., Suite 110
Inglewood, CA 90301-4401

RE: The tariff classification of four leno woven fiberglass fabrics from China.

Dear Mr. Sun:

In your letter dated January 15, 2002, on behalf of your client NW Technologies International, Inc., you requested a tariff classification ruling.

Four samples of uncolored fiberglass fabric accompanied your request for a ruling. Style RM 100 is a leno woven open-work fabric composed of 100% fiberglass. It contains 5.51 single yarns per centimeter in the warp and 2.36 single yarns per centimeter in the filling. Weighing approximately 136 g/m2, it will be imported in 96.5 centimeter widths. This fabric has been coated with a clear coating of acrylic plastic which is said to represent approximately 18% of the weight of this product. Style RM 310 is a leno woven open-work fabric composed of 100% fiberglass. It contains 5.51 single yarns per centimeter in the warp and 2.75 single yarns per centimeter in the filling. Weighing approximately 339 g/m2, it will be imported in 96.5 centimeter widths. This fabric has been coated with a clear coating of acrylic plastic which is said to represent approximately 18% of the weight of this product. Style RM 314 is a leno woven open-work fabric composed of 100% fiberglass. It contains 2.75 single yarns per centimeter in the warp and 1.57 single yarns per centimeter in the filling. Weighing approximately 475 g/m2, it will be imported in 96.5 centimeter widths. This fabric has been coated with a clear coating of acrylic plastic which is said to represent approximately 18% of the weight of this product. Style RM 520 is a leno woven open-work fabric composed of 100% fiberglass. It contains 3.94 single yarns per centimeter in the warp and 1.57 single yarns per centimeter in the filling. Weighing approximately 678 g/m2, it will be imported in 96.5 centimeter widths. This fabric has been coated with a clear coating of acrylic plastic which is said to represent approximately 18% of the weight of this product. The essential character of all four of these product is imparted by the fiberglass. Your correspondence indicates that all of the fiberglass fabrics will be used as reinforcing scrims in the construction trade.

The applicable subheading for the fiberglass fabric designated as style RM 100 will be 7019.59.4010, Harmonized Tariff Schedule of the United States (HTS), which provides for glass fibers (including glass wool) and articles thereof (for example, yarn, woven fabrics), other woven fabrics, other, not colored, other, weighing 185 grams or less per square meter. The rate of duty will be 7.5 percent ad valorem.

The applicable subheading for the fiberglass fabrics designated as style RM 310, RM 314 and RM 520 will be 7019.59.4090, Harmonized Tariff Schedule of the United States (HTS), which provides for glass fibers (including glass wool) and articles thereof (for example, yarn, woven fabrics), other woven fabrics, other, not colored, other, other. The rate of duty will be 7.5 percent ad valorem.

Goods classifiable in either subheading 7019.59.4010 or subheading 7019.59.4090 which are produced in China are not subject to either quota restraints or visa requirements.

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 646-733-3045.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division