CLA-2-59:RR:NC:TA:350 M82062

Mr. James Wang
AmeriPacific International Inc.
3943 Irvine Boulevard #267
Irvine, CA 92602

RE: The tariff classification of a polpyproylene plastics coated textile fabric, for use as roofing underlayment, from either Taiwan or China.

Dear Mr. Wang:

In your letter dated March 30, 2006, you requested a classification ruling.

   Two representative samples were submitted. Your letter indicates that one is made in Taiwan while the other is a product of China. A technical specification sheet supplied with your inquiry suggests that both materials are made to the same specifications. Specifically, these materials are plain woven fabrics composed of polypropylene plastic strips, which measure less than 5 mm in apparent width and, as such, are considered to be textile for tariff purposes. These fabrics have been visibly coated on one side with a compact polypropylene plastics material. You provided the following weight specifications for this material:

Wt. Of Fabric: 0.115 kg/m² (70.6%) Wt. Of PP: 0.048 kg/m² (29.4%) Total Wt. 0. 168 kg/m²

The applicable subheading this material, which will be imported as roll goods, will be 5903.90.2500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for textile fabrics impregnated, coated, covered or laminated, with plastics, of man-made fibers, not over 70 percent by weight of plastic. The rate of duty will be 7.5 percent ad valorem.   

This merchandise falls within textile category designation 229. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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 Deborah Walsh at 646-733-3044.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division