CLA-2-54:S:N:N3H:352 879740
Mr. Rafael Quiroz, Jr.
U. S. Customshouse Broker
P. O. Box 3259
Laredo, TX 78044
RE: The tariff classification of polypropylene woven fabric from
Mexico.
Dear Mr. Quiroz:
In your letter dated October 26, 1992, on behalf of your
client Plas-T-Pack, Inc., you requested a tariff classification
ruling.
You have submitted two samples of fabric that are composed
of 100% polypropylene. The black polypropylene fabric is plain
woven with strips that measure approximately 2 millimeters (mm)
in width. It contains 14 strips per inch in the warp and 12
strips per inch in the filling. This fabric weighs 111 g/m2 and
it will be imported in 366 centimeter widths.
The beige polypropylene fabric is plain woven with strips
that measure approximately 3 millimeters (mm) in width. It
contains 12 strips per inch in the warp and 7 strips per inch in
the filling and weighs 70 g/m2. Your letter of inquiry
indicates that these fabrics will be used as ground covers to
protect certain plants from the sun.
Your correspondence states that in your opinion this
merchandise should be classified under Harmonized Tariff Schedule
of the United States, (HTS),
5407.30.1000. This classification applies to fabrics specified
in Note 9 to Section XI. Note 9 includes woven fabrics
consisting of layers of parallel textile yarns superimposed on
each other at acute or right angles. Since the yarns in the
submitted samples are interlaced and not superimposed on each
other, classification under subheading 5407.30 is incorrect.
The applicable subheading for both polypropylene fabrics
will be 5407.20.0000, HTS, which provides for woven fabrics of
synthetic filament yarns, 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.
Both fabrics fall within textile category designation 620.
Based upon international textile trade agreements, products of
Mexico are subject to visa requirements.
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