CLA-2-54:RR:NC:TA:352 J84551
Mr. Ray Reynolds
Lee Hardeman Customs Brokers, Inc.
P.O. Box 45545
Atlanta, Georgia 30320-0545
RE: The tariff classification of 100% polypropylene plain woven fabric made from textile strip from India.
Dear Mr. Reynolds:
In your letter dated May 9, 2003, on behalf of your client Texinter Inc. you requested a classification ruling.
The submitted sample, designated as PR4.5X4.5 Ground Cover Fabric, is a plain woven fabric constructed from 100% polypropylene strip. It is manufactured with strips that measure between 1.5 and 2 millimeters in width. The polypropylene strips meet the dimensional requirements to be considered textile strips. This product contains approximately 12 strips per inch in the warp and 12 strips per inch in the filling. It is manufactured using 960 denier polypropylene strips in both the warp and filling. Weighing approximately 105 g/m, this item will be imported in widths exceeding 30 centimeters in width. Your correspondence indicates that this fabric will be used for ground cover in nurseries and greenhouses to prevent the growth of weeds.
Your correspondence indicates that you believe that this product should be classified as part of agricultural machinery fitted with mechanical or thermal equipment in subheading 8436.99.00 based on the ruling in Ludvig Svensson (U.S.) Inc. v. United States, 23 C.I.T. 573; 62 F. Supp. 2d 1171; Slip Op 99-82. The product before us for consideration is distinctly different from the product that was the subject of Svensson, Supra. In that case the product was part of a heat retention system that involved electrical and mechanical components. Further the product was shown to be specially manufactured using patented machinery and dedicated to the single use with the heat retention system. In the case before us for consideration, the ground cover is not attached to any machinery, does not form a part of a heat retention system nor is it used for a similar purpose. On the contrary, it is a standard sort of fabric made on looms that make fabric for other purposes. In fact, the ground fabric is essentially identical to fabrics used for a variety of other purposes including the manufacture of bags, tarpaulins etc. Even ground fabric is not used only in greenhouses. It is used by landscapers in outdoor environments, for control of erosion and numerous other applications outside of a greenhouse. Its identity is not fixed with certainty and therefore it may not be considered a part of agricultural machinery. In summary, the polypropylene woven fabric is not similar to the products that were the subject of Svensson, Supra, and its principles are not applicable to the instant merchandise for the reasons described above.
The applicable subheading for the woven polypropylene fabric will be 5407.20.0000, Harmonized Tariff Schedule of the United States (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 1.7 percent ad valorem.
This fabric falls within textile category designation 620. Based upon international textile trade agreements products of India are subject to quota and the requirement of a visa.
The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.gov. In addition, 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 and should also be verified at the time of shipment.
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