CLA-2-39:RR:NC:TA:350 E89072
Ms. Kathy Linpisal
American Commercial Transport, Inc.
1225 West 190th Street, Suite 375
Gardena, CA 90248
RE: The tariff classification of three textile fabrics produced from plastic (textile) strips, for use in packaging of steel, wood or house wrapping insulation, from Thailand.
Dear Ms. Linpisal:
In your letter dated October 9, 1999, on behalf of Zommic, & Associates Inc., Commerce, CA, you requested a classification ruling.
You submitted representative samples of three materials which were identified as #’s 1, 2 and 3. As per a recent telephone conversation with your office, we note that these materials will be imported as piece goods (rolls). No product specifications were provided other than to mention that the goods are of polymers of ethylene and propylene. The classification of the subject material is based on the submitted samples and the type of goods they represent.
The first item, identified as #1, is a woven material composed of, slightly milky, transparent polypropylene strips. The strips, in one direction, measure over 5 mm in width and are considered to be of plastic (HTS 3920). The strips in the other direction do not exceed 5 mm in width and are textile by definition (HTS 5404). The “yarn” (strip) count is approximately 9 x 4 per square inch. Both sets of yarns are considered of equal merit in the construction of the fabric.
Classification of a product such as this is governed by the General Rules of Interpretation. Rules 3 (b) and (c) in that regard state, that when a product is composed of two or more materials which both impart equally to the essential character, the tariff provision which occurs last governs the final classification. Since no one set of yarns imparts the essential character, classification is remanded to heading 5404. Item #1 is considered to be a woven textile fabric.
The second item, #2, consists of a material composed of woven polyethylene textile strips. That material has been laminated on one side with a kraft paper. The textile portion has a yarn count of approximately 9 x 8 per square inch. This material was informally weighed and was found to weigh approximately 164 g/m².
The third and final item, #3, consists of a woven fabric of polyethylene textile strips completely laminated or covered on both sides with a compact orange pigmented polyethylene plastic film. This film is visible to the naked eye otherwise than by a change of color. The material, which was informally found to weigh approximately 124 g/m², has a yarn count of approximately 12 x 8 per square inch.
The applicable subheading for item #1 will be 5407.20.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of synthetic filament yarn, … obtained from strip or the like. The duty rate will be 8.5 percent ad valorem.
The applicable subheading for item #2 will be 5907.00.1500, HTS, which provides for textile fabrics otherwise impregnated, coated or covered, … laminated fabrics, of man-made fibers. The duty rate is 12 percent ad valorem.
The applicable subheading for item #3 will be 3921.90.1950, HTS, which provides for other plates, sheets, film, foil and strip, of plastics, other than cellular, combined with a single textile material, other, weighing not more than 1.492 kg/m². The rate of duty will be 5.3 percent ad valorem.
Item #1 falls within textile category designation 620. Based upon international textile trade agreements products of Thailand are subject to quota and the requirement of a visa. There are presently no textile restraints for items #2 and #3.
The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. 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 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 George Barth at 212-637-7085.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division