CLA-2-54:S:N:N3H:352 867620
Ms. Mary Jo Muoio
Wolf D. Barth Co., Inc.
90 West Street
New York, NY 10006
RE: The tariff classification of polypropylene woven fabric from
Argentina.
Dear Ms. Muoio:
In your letter dated October 4, 1991, on behalf of your
client Finora Co., Inc., you requested a tariff classification
ruling.
The submitted sample is a plain woven fabric composed of
100% polypropylene. The 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
rectangular sheets measuring approximately 54 inches long and 40
inches wide. The fabric has been coated with a thin coating of
transparent polypropylene. These sheets will be used as covers
to protect bales of cotton. As requested in your inquiry this
sample is being returned to you.
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 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 filamant
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.
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