CLA-2-54:S:N:N6:352 899706
Mr. Jose Rodriquez
Rodenas & Rivera S.A.
Calle Murcia, 11
02400 Hellin (Albacete)
Spain
RE: The tariff classification of polypropylene woven fabric from
Spain.
Dear Mr. Rodriquez:
In your letter dated May 20, 1994, received in this office
June 27, 1994 you requested a tariff classification ruling.
You have submitted two samples of plain woven fabric that are
composed of 100% polypropylene. Based on the information provided,
one sample is coated and the other is uncoated. The uncoated
sample identified as code E9UU, is manufactured with polypropylene
strips measuring 1 millimeter (mm) in width. The fabric contains
11 strips per inch in the warp and 10 strips per inch in the
filling. Weighing 200 g/m2, it will be imported in 150 centimeter
widths.
The coated sample, identified as code E9C9 is composed of 100%
polypropylene. This merchandise is manufactured with polypropylene
strips measuring 1 millimeter (mm) in width. The fabric has been
coated on one or both sides with polypropylene. It contains 11
strips per inch in the warp and 10 strips per inch in the filling.
The fabric weighs 200 g/m2 and the coating weighs 30 g/m2. The
combined weight of this textile product is 230 g/m2. It will be
imported in 150 centimeter widths.
Note 2 to Chapter 59, Harmonized Tariff Schedule of the United
States (HTS), defines the scope of heading 5903, under which
textile fabrics which are coated, covered, impregnated, or
laminated are classifiable. Note 2 states 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 weight of the plastic 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 of color;
Since the polypropylene coating on the fabric sample that is
identified as code E9C9 fabric is not visible to the naked eye, it
is not classifiable in heading 5903, HTS.
The applicable subheading for both polypropylene woven fabrics
identified as code E9UU and code E9C9, 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 duty rate will
be 17 percent ad valorem.
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